STEIN’S  PRINCIPLES  OF 
ADMINISTRATIVE  ORGANIZATION 

BY 

DARWIN  ORLANDO  CLARK 
B.  A.  Drury  College 
1896 

M.  A.  University  of  Illinois 
1909 

THESIS 

Submitted  in  Partial  Fulfillment 
of  the  Requirements  for  the 
Degree  of 

DOCTOR  OF  PHILOSOPHY 
IN  HISTORY 

IN 

THE  GRADUATE  SCHOOL 

OF  THE 

UNIVERSITY  OF  ILLINOIS 


1921 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/steinsprinciplesOOclar 


\^1\ 

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STEIN’S  PRINCIPLES  OF 
ADMINISTRATIVE  ORGANIZATION 

BY 

DARWIN  ORLANDO  CLARK 
B.  A.  Drury  College 
1896 

M.  A.  University  of  Illinois 
1909 

THESIS 

Submitted  in  Partial  Fulfillment 
of  the  Requirements  for  the 
Degree  of 

DOCTOR  OF  PHILOSOPHY 
IN  HISTORY 

IN 

THE  GRADUATE  SCHOOL 

OF  THE 


UNIVERSITY  OF  ILLINOIS 


. 


■» 


' ■ 


2. 


BIBLIOGRAPHY  - PRIMARY  MATERIAL 
DOCUMENTS  - - - - Pertz-Stein,  Vols.  I - VI,  Berlin,  1850-1355. 

Darstellung  der  Fehlerhaften  Organization  des  Cabinets  nnd  der 
Nothwendigkeit  der  Bildung  Einer  Ministerial  Conferenz, 

April,  1806.  I,  333-337.  First  Nassauer  Denkschrift  - 
Principles  of  reorganization. 

Vorstellung  der  Preussischen  Prinzen,  Ruchels,  Phulls,  Steins  an 

den  Eonig,  ^ept.  2,  1806.  I,  349.  Ministerial  responsive- 
ness. 

Entwurf  Einer  Zweiten  Vorstellung,  Nov.  21,  1806  (?)  I,  566-67. 
Ministerial  responsiveness. 

Steins  Answer  to  Beyme's  Offer  of  the  Interim  Foreign  Ministry, 
Nov.  29,  1806.  I,  365,  368. 

Steins  Answer  to  Beyme's  Plan  of  a Ministerial  Conference,  Dec. 

10,  1806.  I,  376. 

Vorschlage  Riichels,  Hardenbergs,  Steins,  Konigsberg,  Dec.  14, 

1806.  XI,  377-381.  Council  of  State  - Heads  of  Departments  - 
Ministerial  Responsibility. 

Zweckmaszige  Bildung  der  Obersten  und  der  Provincial  Finance  und 
Politischen  Beh'drden,  Nassau,  June,  1807.  I,  415.  Steins 
Program  - The  second  Nassau  Denkschrift. 

Eigenhandiger  Entwurf  Eines  Berichts  an  den  Konig,  Oct.  3,  1807. 

11,  626. 

Ronigliche  Cabinetsordre  an  Stein,  Memel,  Oct.  4,  1807.  II,  627. 
Promemoria  zu  den  Vorschlagen  des  Herrn  Geheime-Finanz  Raths  von 
Altenstein,  Oct.  15,  1807.  II,  31-35.  Central  government  - 
Superior  President  - Chambers. 


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3. 

Berieht  uber  die  oberste  Leitung  der  Geschafte,  Nov.  23,  1807. 

II,  643-70.  Central  Government  - War  and  Domain  Chambers  - 
Organizations , functions,  popular  participation  - Principles 
of  Reform. 

Plan  zu  einer  Interimistischen  Verbesserten  Einrichtung  des  Ge- 
schaftsganges , July  25,  1808.  II,  117-128.  Mostly  the  cen- 
tral  government  - suggestions  for  local  government. 

Vorschrift  fur  den  Geschaftsgang,  Aug.  25,  1808.  II,  128-137. 

General  and  Special  Conferences. 

Anzeige,  Sept.  26,  1808.  II,  242-243.  Ministerial  Departments  - 
Organization  of  the  Chambers  - Justice  Officers. 

-Ian  zur  Einrichtung  der  Obersten  Staatsbehorden,  Oct.  28,  1808. 

II,  263. 

Berieht  der  Minister  Schrotter  und  Stein  uber  die  Stadte-Ordnung, 
Konigsberg,  Nov.  1,  1808.  II,  683,  685. 

Cabinetsordre  am  13ten  November,  1808.  II,  286-88. 

Verordnung  Veranderte  Verfassung  der  Obersten  Verwaltungs  - Behor- 

l 

den  in  der  Preussischen  Monarchi©  betreffend,  Konigsberg, 

Nov.  24,  1808.  II,  689,  738.  Thorough  and  detailed  outline 
of  the  central  government  organization. 

Das  Politische  Testament  Steins,  Nov.  24,  1808.  II,  311.  Popular 
Participation  in  Government. 

Hardenbergs  Edict  uber  die  Pinanzen  des  Staates  und  die  Neuen 
Einrichtungen  wegen  der  Abgaben,  Oct.  27,  1810.  II,  516. 
Denkschrift  uber  die  Hauptgegenstande  der  Preuszischen  Ver-Waltung, 
Aug.  2,  1810.  II,  498. 

Denkschrift  uber  die  Bildung  eines  Verwaltungsraths  fur  Deutsch- 
land, St.  Petersburg,  Sept.  18,  1812.  Ill,  145. 


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4. 


Vertrag  Zwischen  Stein  und  Nesselrode  als  Russischen  und  Harden- 
berg  und  Scharnhorst  als  Preussischen  Bevollmachtigen  uber 
die  Verwaltung  der  in  Laufe  des  Krieges  zu  befreienden  Lander, 
Breslau,  March  19,  1813.  Ill,  314.  Central  administrative 
committee  for  Germany. 

Fragen  an  Gagern  uber  Deutsche  Verfassung-ende , April,  1813. 

Ill,  664. 

Vertrag  am  21sten  October,  1813,  von  Stein  mit  Metternich,  Harden- 
berg,  und  Nesselrode,  Versprochen  und  von  den  drei  ministern 
namens  der  sammtlichen  Verbundeten  unterzeichnet . Ill,  445-= 
447.  Central  administration  in  Leipzig. 

Denkschrift  uber  Deutschlands  Kunftige  Verfassung,  Chaumont, 

March  10,  1814.  Ill,  German  140;  French  718.  Purpose,  prin- 
ciples, assembly,  directory. 

Bemerkungen  uber  Hardenbergs  Deutsche  Bundes- Verfassung,  Frankfort, 
July  16,  1814.  IV,  43-48. 

Entscheidung  uber  die  Verfassung  der  Stadt,  Frankfurt,  July  19, 
1814.  IV,  70. 

Stein-Hardenbergs  Verbesserter  Entwurf  der  Grundlagen  der  Deutschen 
Bundes- Verfassung,  July  23,  1814.  IV,  51-63. 

Bemerkungen  Uber  des  Nassau! schen  Mini stern  Marshalls  Entwurf 
Einer  Landesvefassung,  Wien,  Sept.  24,  1814.  IV,  125. 

Denkschrift  uber  Das  Groszherzogthum  Baden  welche  er  dem  Kaiser 
Zuruckliesz,  Wien,  Nov.  25,  1814.  IV,  218. 

Memoirs  pour  servir  d* instruction  aux  negociateurs  Russes,  Vienne, 
Jan.  13,  1815.  IV,  706.  German  Constitution. 

Erklarung  an  dem  Grafen  Capodistria  ( am  15ten  Jan. ) und  dem  Russi- 

schen  cabinet  f am  17ten  Jan.)  1815.  IV,  German  309;  French 
710-11. 


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5. 


Vortragen  Alexander  uber  die  Kaiserwurde,  Wien,  Feb.  17,  1815. 

IV,  German  330-333;  French  744-46.  German  constitution: 
Emperorship,  Directory,  Assembly. 

Verordnung  uber  die  zu  bildende  Representation  des  Volkes,  May 
22,  1815,  Steins  Handschriftlicher  Text  Gesezt.  IV,  428-431. 

Denkschrift  am  Russischen  Cabinet  uber  die  Deutsche  Bundesacte 
von  8ten  Junius  1815,  Frankfurt,  June  24,  1815.  IV,  445. 

German  constitution. 

Unterredung  mit  Capodistria,  Paris,  Aug.  14,  1815.  IV,  549.  Guaran- 
tee of  Freedom  and  good  Government. 

Beurtheilung  der  Verordnung  uber  die  Oberprasidenten,  Munster, 

Aug.  20,  1816.  V,  86-89. 

Vorstellungen  dem  Herzog  von  Nassau,  Frankfort,  Jan.  12,  1817. 

V,  107-108.  Estates,  constitution  of  Nassau. 

Denkschrift  uber  die  Bildung  von  Provinzial-Standen  in  Westphalen, 
Nassau,  March  31,  1817.  V,  127-128. 

Entwurf  uber  Gang  und  Inhalt  der  im  Namen  des  Ritterschaftlichen 
^■dels  dieser  ^rovinzan  zu  Uberreichenden  Denkschrift  die  Ver- 
fassungs-Verhaltnisse  der  Lande  Jiilick,  Kleve,  Berg,  und  Mark 
betreffend.  May  3,  1817.  V,  134-139. 

Denkschrift,  die  Verfassungsverhaltnisse  der  Lande  Jiilich,  Kleve, 
Berg,  und  Mark  betreffend.  V,  B 113-126. 

Uber  fheilnahme  der  Provinzial-StSnde  an  der  allg'nen  und  Provinzl- 
al-Gesetzgebung  und  an  der  Provlnzial-Verwaltung,  Frankfurt, 

Eeb.  13,  1818.  V,  187-191. 

Antrag  auf  feierlichen  Abschlusz  dar  Nassauischen  Verfassung, 
Frankfurt,  Feb.,  1818.  V,  194-200. 

Uber  die  Hassauische  Geroeinde-Verfassung,  Frankfurt,  I, larch  1, 

1818.  V,  202-205. 


6. 


Denkschrift  uber  die  organische  Einrichtung  der  Stands  und  die 
Standische  Geschaftsordnung,  Frankfurt,  March  87,  1818. 

V,  813-819. 

Stein-Schlossers  Entwurf  Einer  Anordnung  der  Deutschen  Adel- 
Verh'altnisse , Frankfurt,  April  3,  1818.  V,  887,  841. 

Bemerkungen  zur  Humboldts  Aufsatz  der  Preuszischen  Landstandi- 
sehen  Behorden,  Frankfurt,  Feb.  85,  1819.  V,  381-336.  Im- 
portant as  covering  many  points  in  respect  to  the  Sstates- 
Ministrial  Responsibility. 

Bermerkungen  zu  Niebuhrs  Grundzugen  der  Preuszischen  Landstand- 
ischen  Behorden,  Frankfurt,  1819.  V,  337-338. 

Gutachten  uber  die  Regierungs-Instruction  vom  23sten  Oct.,  1817, 
Frankfurt,  March  24,  1819.  V,  346-353. 

Bemerkungen  zu  Rhedigers  Aufsatz  uber  Preuszische  Reprasentation, 
Nassau,  June,  1819.  V,  384. 

Denkschrift  uber  die  Wohlthatigkeit  der  alten  Yerfassung  fur  Yer- 
Waltung,  Cappenberg,  Oct.  6,  1821.  Y,  592. 

Bemerkungen  uber  allg'ne  Grundsatzen  des  Plans  einer  Provincial— 
Standische  Yerfassung,  Cappenberg,  Nov.  5,  1822.  Y,  733-50. 

Bemerkungen  uber  den  Entwurf  einer  Landstandischen  Verfassung 
fur  Westphalen,  Cappenberg,  Nov.  6,  1822.  Y,  752-756. 

ixeschaf t s-Ordnung  fur  den  Srsten  IVestphalischen  Landtag,  Munster, 
Oct.  29,  1826.  V,  B 214-220. 

Stein  an  den  Landtag,  Nov.  23,  1828.  VI,  631. 

■ojirede  an  den  Hweiten  tvestphalischen  Landtag,  Munster,  Dec.  1, 
1828.  VI,  639. 

Uber  Vererbung  und  Zerspli tterung  der  Bauerhofe  in  Westphalien, 
Munster,  Dec.,  1830.  V,  B 263-271. 


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Wegen  Modification  des  Sections  50  des  Edicts  27sten  Marz,  1825, 
die  Anordnung  der  Stande  betreffend,  in  Ansehung  Bnthortar 
standischer  Antrage,  Munster,  Dec.,  1830. 

Quotations  dated  Dec.  30,  1830  at  Munster.  VI,  no  page;  1064. 
Character  of  Landberg;  Influence  of  Popular  movement  in  Ger- 
many. 

Bericht  an  den  Prinzen  vVilhelm  uber  den  Landtag,  Caopenberg, 

Jan.  21,  1831.  VI,  1083-1084. 

Schlusz  des  Berichts  uber  den  dritten  Westph'alischen  Landtag, 
Caopenberg,  1831.  VI,  1165-1167. 

Steins  Lebensbeschreibung-German  Government.  No  date.  V,  B 1850 
Government  of  conquered  lands.  Government  of  French  Terri- 
tory. 

From  the  King  to  Stein  thru  Beyme.  No  date.  I,  371.  Plan  of 
a ministerial  conference. 

Stadte-Ordnung  von  1808  - Konigsberg,  Nov.  19,  1808  - Altmanns 
Ansgewohlte  Urkunden  1897.  P't  II,  4-34. 


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8. 


LETTERS  - - 


BIBLIOGRAPHY  - PRIMARY  MATERIAL 
- - Pertz-Stein,  Vola.  I - VI,  Berlin,  1850-1855. 


An  Arndt  uber  Wiederherstellung  der  StandeVerfassung,  Frankfurt, 
Jan.  5,  1818.  V,  169. 

An  Berstet t-Landstande  im  Baden,  Frankfurt,  Feb.  12,  1816.  V,  35. 

An  Capodistria-Vienna,  Jan.  15,  1815;  May  6,  1815;  Nassau,  June 
21,  1816,  uber  Deutschlands  Lage;  Cappenberg,  Aug.  9,  1819. 

IV,  709,  425;  V 52,  399-400. 

An  Cotta  uber  preuszische  Landtagsverhandlungen,  Cappenberg, 

Feb.  1830.  VI. 

An  Eichhorn,  Frankfurt,  Jan.  2,  1818.  V,  73.  Disadvantage  of 
a pure  bureaucracy. 

An  Sinen  jungeren  Freund  uber  Landrathsstelle , Cappenberg,  March 
9,  1830.  VI,  855. 

An  den  Erzbischop  von  Coin,  Nassau,  May,  1826;  Cappenberg, 

Nov.  20,  1827;  Jan.  16,  March  2,  May  2,  23,  1829;  Nov.  6, 

1830.  VI,  237,  484,  665,  673,  731,  733,  1018. 

An  Gagern,  Frankfurt,  Dec.  1817;  Nassau,  Apr.  18,  1818;  Cappen- 
berg, Aug.  17,  1818;  Nassau,  May  15,  1819;  Cappenberg,  Aug. 

16,  1822;  Nassau,  May  30,  1823;  Cappenberg,  Dec.  31,  1827; 

Feb.  13,  25,  1828;  Oct.  1,  Nov.  7,  1830;  March  3,  25,  1831. 

V.  161,  248,  287,  360,  721,  814;  VI  504,  510,  517,  995, 

1024,  1135,  1150. 

An  die  Grafin  Giech,  Cappenberg,  Oct.,  1830;  Feb.  29,  1831. 

V,  993,  1119. 

i^n  Gneisenau  uber  die  Stadteordnung,  Cappenberg,  Jan.  22,  1830; 
April  2,  1830.  VI,  848,  853. 

An  den  Feldmarschall  Grafen  Gneisenau,  Canpenberg,  Feb.  18, 

_1107 » Imperial  estates,  oarties.  budget , functions. 


9. 

An  Gustav  V.  Gulick,  Caopenberg,  May  15,  1831.  VI,  1188.  Popular 
movements. 

An  Hardenberg,  Vienna,  Nov.  22,  1814;  Feb.  27,  1815.  IV,  123, 

343. 

An  den  Herzog  von  Nassau  - Ans  Westphalen,  Aug.  27,  1816.  IV  81. 

Estates  as  a oonstituant  assembly. 

An  den  Landrath  Hout  zu  Kreuznach,  Cappenberg,  March  6,  1828; 

Jan.  24,  1828.  VI  750,  492.  Purpose  of  a commune  constitu- 
tion. 

An  den  Hammerprhsidenten  V.  Hovel  - Om  die  Markischen  fheilnahmer 
in  Bewegung  zu  bringen,  Frankfurt,  Dec.  18,  1817. 

An  Hovel,  Frankfurt,  Feb.  20,  1818,  Jan.  21,  Mar.  29,  Nov. 

16,  Dec.  26,  1819;  Cappenberg,  Oct.  8,  1822.  V,  166,  193, 

319,  355,  452,  457,  726. 

An  Stadtrath  Huffer,  Cappenberg,  Dec.  1828;  Jan.  1829;  Jan.  14, 
1829;  Nov.  1,  1830;  March  24,  April  5,  1831. 

An  Huffer,  Cappenberg,  Oct.  12,  Nov.  18,  1830.  VI,  647, 

649,  651,  1012,  1168.  VI,  1002,  1046. 

An  Humboldt,  Cappenberg,  Aug.  25,  1819;  Frankfurt,  March  30,  1822. 
V,  402,  697. 

An  Itzenplitz,  Nassau,  May  7,  1825.  VI,  159. 

An  die  Kaiserin  Elizabeth,  Vienna,  Nov.  29,  1814.  IV,  218. 

An  Stadtrath  Knoblauch,  Cappenberg,  March  19,  1829,  VI,  691. 

. 

Estates,  assemblies,  municipal  constitution. 

An  des  Konxgs  Magestat  uber  die  Bildung  des  Cabinets-Ministerii , 
Dec.  1806.  I.  366. 

An  den  Kronprisizen,  Cappenberg,  Nov.  10,  1822.  V,  757.  Place 
of  the  estates  constitution  in  a bureaucratic  state. 


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10. 


An  Seinen  Stellvertreter  Landsberg,  Cappenberg,  May  1,  1831. 

VI,  1168.  Instructions  for  the  Third  Westphalian  Assembly. 

An  die  Louise,  Caopenberg,  Dec.  22,  1828.  VI,  644. 

An  Meerveldt,  Frankfurt,  Feb.  5,  1822;  Nassau,  Nov.,  1822;  Cappen- 
berg,  Feb.,  1828;  Jan.  7,  Oct.  2,  11,  1830.  V,  664,  761; 

VI,  479,  997,  998. 

An  Mirbach,  Frankfurt,  March,  May,  1817;  May  19,  1817.  V 126, 

141,  143. 

An  Munster,  Vienna,  Oct.  20,  1814.  IV,  135. 

An  seinen  Neffen,  Caopenberg,  Jan.  3,  1827.  VI,  353.  Provin- 
cial estates.  Public  service. 

An  Nesselrode,  May  17,  Dec.  8,  1817,  Frankfurt.  Estates,  consti- 
tution. 

An  Niebuhr,  Frankfurt,  Dec.  10,  20,  1821;  Feb.  8,  1822  Tiber 

Preuszische  Stande;  Cappenberg,  Feb.  9,  1827;  Feb.  20,  1827; 
May  26,  1829.  V,  630,  634,  666,  362,  366.  VI,  737. 

An  den  Preuszischen  Cabinet,  May  24,  1815.  IV,  433. 

An  Rochow,  Cappenberg,  Feb.  20,  1827.  VI,  369. 

An  Schlosser , Konigsberg,  July  27,  1808,  Tiber  Organization  der 

Provinzial-unterbehorden;- , May  1,  1817;  Cappenberg, 

June  19,  1818.  V,  132,  278. 

An  Dr.  Schlosser.  V,  130. 

An  den  Herrn  Regierungs-Prasidenten  von  Schmitz,  Nassau,  May  30, 

1818.  V,  251. 

An  Scharlemer , Cappenberg,  Oct.  11,  Nov.  3,  Dec.  1,  1830;  March 
13,  1831.  VI,  1001,  1014,  1052,  1145. 

An  bchrottery  Konigsberg,  June  27,  1808  uber  Organization  der 
Provinzial-Unterbehorden  (Oberpr&sident  to  Gemeinde-Verfas- 
-o),  ^.^igskQrjy^^Julj^l^  von 


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I. 


TABLE  OF  CONTENTS. 


CHAPTER  I— GENERAL  SURVEY 

Four  Fundamental  Principles 
Centralization  of  Power  and  Responsibility 
Departmental  Divisions 
Technical  Commissions 
Popular  Participation 

CHAPTER  II--DEVELOPMENT  OF  THE  PRUSSIAN  SYSTEM  OF  GOVERNMENT 
Situation  Before  1604 
Establishment  of  1604 

* 

Changes  in  1613 

The  Thirty  Years  YJar 

Early  Days  of  The  Great  Elector 

Ordinance  of  December  4,  1651 

Reforms  of  Dankelmann 

Ordinance  of  March  27,  1713 

Ordinance  of  January  24,  1723, 

Central  Organization,  1723-1740 

9 

Time  of  Frederick  II,  1740-86 

f 

Frederick  William  II  and  His  Successors,  1786-1807, 

The  Cabinet  Council 
The  Demand  for  Reform 


1. 

1. 

2. 

4. 

6. 

10. 

16. 

16. 

17. 
19  . 
20. 
21. 
22. 
25. 

27. 

28. 
30. 
32. 
36. 

39. 

40. 


43. 


CHAPTER  III  — PRUSSIAN  STATESMANSHIP 
Department  of  Mines  and  Mining 


43. 


- 


CHAPTER  III— PRUSSIAN  STATESMANSHIP,  (Continued) 
Influence  of  the  Central  Government 
Popular  Participation  in  Government 


II. 


Minister  in  Berlin 
Negotiation  for  Reform 
Stein's  Dismissal 
The  Memoranda  of  April  27,  1806, 

Explanations  of  Stein,  Ruechel  and  Hardenberg 
Nassau  Memoranda,  1807, 

The  Return  to  Power 
Economic  Reforms 
Financial  Measures 
The  War  Contributions 
Political  Reforms 

Main  and  Subordinate  Administrative  Centers 

Individual  and  Collegiate  Administrative  Centers 

First  Minister 

Privy  State  Councillor 

Superior  President 

Circle  Councillor 

District-Manager 

Village  Magistrate 

Council  of  State 

War  and  Domain  Chambers 

"Magistral" 

Inter-Departmental  Relations 
Central  and  Local  Interrelations 


43. 

44. 
46. 

48. 

49. 
49. 

51. 

52. 

55. 

56. 

57. 

58. 
60. 

65. 

66. 

67. 

68. 

70. 

71. 

72. 

73. 

74. 
78. 
80. 
81. 
82. 


• „ - - I 


Ill . 

CHAPTER  III— PRUSSIAN  STATESMANSHIP,  (Continued) 

Departmental  Divisions  33  # 

Technical  Commissions  85. 

Popular  Participation — The  Estates  86. 

Municipal  Institutions  88. 

Circle-Councillor  gg. 

Conclusion 

Second  Dismissal  gg  # 

In  Austria 

CHAPTER  IV— GERMAN  STATESMANSHIP  gg  . 

General  Character  gg  # 

Early  Russian  Experiences  gg # 

Tauroggen,  Koenigsberg  and  Breslau  102. 

Administration  of  Conquered  Territory  104. 

Memoranda,  August- September , 1813,  105. 

Humboldt  * s Memoranda  107  # 

Chaumont  Memoranda  10g  # 

Stein- Humboldt  Constitutional  Plans  110. 

Stein  in  Vienna  114. 

Constitutional  Principles  115, 

Democratic  Tendencies  118. 

Rediscussion  of  Administrative  Subjects  120. 

Local  Constitutions  122 

Municipal  Government  123. 

French  and  Prussian  City  Government  124. 

The  Estates  Assembly — Composition  126. 

Choice,  Number,  Tenure,  Re-eligibility,  Renewals  127. 


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' 


IV. 

CHAPTER  IV- -GERMAN  STATESMANSHIP,  (Continued) 

Qualifications  of  Members  and  Electors  129. 

Estates  of  Nobles,  Cities  and  Peasants  131. 

Organization  and  Procedure  133 

Relation  to  the  Government  136. 

Competence  of  the  Estates  138. 

Some  Conditions  of  Efficiency  140. 

CHAPTER  V— CONCLUSIONS  144. 

Time,  Territorial  and  Personal  Limitations  144. 

Relation  to  the  Past  146. 

Relation  to  Unity  and  Individuality  148. 

Expert  Administration  and  Popular  Participation  150. 

German  Political  Character  153. 

Subsequent  Prussian  Development  157. 

Principles  of  Government  in  General  161. 

Stein  as  a Statesman  ]_^3 


1. 


BIBLIOGRAPHY  - SECONDARY  MATERIAL 
Kloprath  und  Cosmar  - Geheime  Staatsrath,  Berlin,  1805.  Best 
description  of  development  of  Privy  Council.  Widely  used, 
rer tz-otein  - Berlin,  1850-1855,  Yol.  I - VI.  A commentary  on 
primary  material.  Valuable  source  of  printed  material* 
Lrpysen,  J.  G.  - Geschichte  der  Preussischen  Politik,  Leipzig, 
1870.  Vol.  I - VI.  Old  and  not  very  valuable. 

Isaacshon  - Geschichte  des  Preussischen  Beamtenthums,  Berlin, 
1878.  Vol.  I - III.  Good  and  reliable  as  far  as  it  goes. 
Meier.  E.  - Die  Reforms  der  Verwaltungs  - Organization  unter 

Stein  und  Hardenberg,  Leipzig,  1881.  Highly  technical  des- 
cription of  institutions  at  time  of  Stein* s Reforms,  followed 
by  a lucid  explanation  of  the  reforms  themselves. 

Bornhak,  0.  - Geschichte  des  Preussischen  Verwaltungsrechte,  Ber- 
lin, 1834.  Vol.  I,  II.  Excellent  description  of  Prussian 
institutions  in  process  of  development. 

Q_ava i gna c . G . - La  Formation  de  la  Prusse  Contemporain,  Paris, 

1891.  Vol.  I,  II.  Excellent  description- of  Prussian  devel- 
opment. 

Lehmann.  M.  - Freiherr  vom  Stein,  Leipzig,  1902.  Vol.  I,  III. 
Best  biography  of  Stein.  Emphasis  on  German  sources  of 
ideas. 

Bornhak,  C.  - Grundrisz  der  deutschen  Staatsrechte , Leipzig, 

1910.  Good  outline  of  German  public  law. 
j.eeley,  Sir  John.  - Life  and  Times  of  Stein.  Vol.  I,  II.  Writ- 
ten from  German  secondary  material  - Good. 


11. 


1808;  Konigsberg,  Aug.  25,  1808  uber  Organization  der 
Provinaial-Unterbehorden.  II,  671,  680,  675. 

An  Minister  V.  Schuckmann,  Cappenberg,  Jan.  24,  1828;  March  15, 
1829;  Jan.  20,  1830.  VI,  486,  V B 248,  VI,  840. 

An  den  Oberprasident  Grafen  Solus-Laubach,  Nassau,  June  1,  1818. 
V.  252. 

An  Spiegel,  Frankfurt,  1818;  April  1,  20,  1818;  March  2,  1822; 

Cappenberg,  March  23,  1827.  V,  184,  221,  223,  648;  VI,  380. 
An  den  dritten  und  vierten  Standen  des  dritten  Westphalischen 
Landtags  uber  Landrathswahlen  zu  Gunsten  der  Rittergutsbe- 
sitzer,  Munster,  Jan.  14,  1831.  VI,  1981. 

Humboldt  an  Stein,  Berlin,  May  22,  1820;  Jan.,  1823.  V 450 
769. 

Niebuhr  an  Stein,  Rome,  April  28,  1822.  V,  716. 

An  Suwaroff,  Nassau,  Nov.  30,  1819  - Uber  Deutschlands  Lags. 

V,  446. 

An  Seine  Tochter  nach  Miinchen,  Cappenberg,  May  2,  1828.  VI,  565. 
An  Viebahn,  Cappenberg,  Feb.  25,  1828;  Jan.  18,  May  26,  Dec.  28, 
1829;  Nov.  23,  1830.  VI,  645,  654,  737,  1050. 

An  Vincke,  Cappenberg,  July  20,  1818  - Uber  standische  Verfas- 
sung  der  Rheinisch-Westphalischen  Provinzen.  V,  283. 

An  den  Zweiten  Westphalischen  Landtag,  Nov.  23,  1828.  VI,  631. 


. Q 


. 


, 


. 


STEIN'S  PRINCIPLES  OF  ADMINISTRATIVE  ORGANIZATION 


CHAPTER  I— GENERAL  SURVEY 


FOUR  FUNDAMENTAL  PRINCIPLES. 

Stein  was  a statesman  in  Prussian  service,  and,  with  Plarden- 
berg,  became  joint  author  of  those  reforms,  incited  by  the  French 
Revolution  and  rendered  necessary  by  Prussia's  encounter  with 
the  Napoleonic  Empire,  which,  by  shattering  the  administrative 
system  of  Frederick  the  Great,  opened  the  way  for  its  rebuilding. 
In  this  constructive  process  many  statesmen  had  a hand,  and  many 
compromises  ensued;  yet  the  guiding  hand  was  fairly  well  known. 
While  Stein  did  not  get  through  all  he  wanted,  or  even  take  part 
in  drawing  up  all  the  original  drafts  of  the  reform  acts,  while 
his  tenure  was  very  short  and  the  obstacles  almost  insuperable, 
while  numerous  other  affairs  engaged  his  attention,  and  he  had 
to  entrust  the  development  of  much  of  his  reform  work,  to  others, 
while  his  personal  characteristics  under  high  pressure  often  of- 
fended, rather  than  conciliated,  his  associates,  nevertheless,  he 
succeeded  in  embodying  very  many  of  his  ideas  in  the  administra- 
tive system  of  Prussia,  and  ultimately  of  Germany,  though  for  a 
time  obscured  by  the  anti-Napoleonic  reaction. 

Although  a man  of  affairs,  and  not  very  much  of  a theorist 
nor  very  original,  he  indulged  to  some  extent  in  the  systematic 
and  critical  survey  of  the  principles  of  administrative  organi- 
zation. His  observations  are  confined  for  the  most  part  to  af- 


. 


. 


2. 


fairs  of  his  own  times  and  nearby  nations.  He  wrote  in  various 
forms  at  different  periods  of  his  life  under  very  dissimilar  cir- 
cumstances a great  deal  on  administration  and  politics,  includ- 
ing  much  of  his  correspondence,  as  well  as  documents  and  state 
papers  devoted  entirely  to  these  subjects. 

From  these  various  documents  and  his  express  statements  it 
is  evident  that  he  considered  these  four  principles  fundamental 
to  any  administrative  system.  To  centralize  power  and  authority 
in  responsible  hanos,  definitely  to  group  related  affairs  under 
the  guidance  of  persons  of  wide  initiative  within  their  sphere, 
to  furnish  specially  trained  experts  for  technical  affairs  in  such 
departments  as  were  in  need  of  scientific  knowledge,  and  to  admit 
the  people  to  a share  in  government,  he  thought  essential  to  any 
well  organized,  efficient,  and  commendable  governing  system. 
CENTRALIZATION  OF  POWER  AND  RESPONSIBILITY. 

Of  these  four  principles  the  most  important  was  the  first 
according^ to  various  arguments  advanced  in  its  favor.  "The  larger 
the  state,'  Stein  says,  "the  more  necessary  it  is  to  make  such 
arrangements  as  to  secure  unity  in  its  operations."  This  can  be 
attained,  provided  the  central  control  is  exercised  from  one  point, 
in  which  all  the  main  administrative  organs,  as  few  in  number  as 
possible,  are  centered.  "This  would  tend  to  relieve  the  pressure 
of  affairs  upon  the  King,  to  secure  harmony  and  unity,  vigor  of 
enactment,  rapidity  of  execution,  to  win  confidence,  enhance  the 
royal  prestige,  and  establish  the  King's  independence!"  It  would 

1*  Zweck*  Bild.,  June  1807,  I,  419.  2.  Bericht,  Nov.  23,  1807, 

I,  643.  3 .Vorschlaege , Dec.  14..  1806,  I,  377,  388;  Bericht  II , 643. 


. 


' 


3. 


also  bring  the  King  into  immediate  contact  with  his  advisers  so  as 

to  avoid  partial  impressions  and  decisions  consequent  upon  narrow 

( *) 

environment.  This  principle  would  tend  to  invigorate  official 
(5) 

honor  and  duty  while  the  "work  with  the  King,  the  assumption  of 
the  obligation  of  responsibility,  the  guidance  and  control  of  state 
affairs  and  the  publicity  of  such  an  arrangement  would  induce  a 

( g ) 

better  class  of  men  to  enter  the  public  service,  men  of  honesty  and 
, . (?) 

greater  capacity  for  statesmanship.  Each  department  would  begin 

/ o ) 

to  feel  a sense  of  responsibility  for  the  administration  as  a whole 

(9 ) 

and  to  decide  important  state  matters  on  fundamental  principles, 
thus  doing  away  with  the  application  of  different  principles  at  the 
same  time  in  the  same  branch  of  administration  in  different  places! 
It  would  make  available  for  the  central  administrators  the  exper- 
ience of  the  local  officials  in  working  out  details  in  each  branch 

_ .Ul) 

of  the  public  service,  broadening  their  views  through  sound  knowl- 

(12) 

edge  on  all  important  matters,  and  securing  for  the  state's  busi- 
ness that  thoroughness  and  variety  Incident  to  the  united  efforts, 

the  rivalry  and  reciprocal  attention  of  statesmen  with  the  same 

( 13 ) 

ends  in  view. 

The  application  of  this  principle,  moreover,  would  facilitate 

( 14) 

the  operation  of  the  government  by  creating  closer,  simpler  and 

more  workable  connections  between  the  administrative  departments 

eliminating  much  of  the  friction,  the  undue  preferences,  and  the 

difficulties  incident  to  numerous  boards  within  an  inclusive  juris- 
(15) 

iction.  There  would  be  the  greatest  possible  unity  and  vigor  in 

4-.  Darsteliung,  April.  1806.  1 333. 5.  Ibid.  6.  Vorschlaege, 

5!7*78*  1-  Denksohrift,  Aug.  2.  1810,  II.  498.  8.  Beriebt,  II, 

?;  Vojschrift.  Aug.  25  1808.  n , 128.  10.  Zweok.  Bild.  I, 


fJ?’1ft1bTIb^Qp’hS2;  Bericht.  657-661. li, Ibid,  643.  13.  Denk- 

schrift,  II,  498 . 14 , Beri cht  II,  657.  15.  Ibid,  II,  661. 


. 


. 


hr  • h m>' 


. 


■ 

■ 


. 


4. 


( 16 ) 

the  central  control  over  all  branches  of  administration.  Harmony 

(17)  * 

would  t§nd  to  prevail.  The  departments  would  operate  in  unison 

(18) 

with  like  energy  and  mutual  support  and  aid.  It  would  be  possible 

to  exercise  an  impartial  and  energetic  control  and  supervision 

( 19 ) ‘ 

over  state  affairs  as  a whole.  Rapidity  of  administration  would 

characterize  the  executive  functions  of  stated 

DEPARTMENTAL  DIVI SI ONS . 

If  (21) 

A second  principle",  says  Stein,  "appears  to  me  to  be  the 
suitable  division  and  classification  of  the  state 's  business  ac- 
cording to  the  chief  administrative  branches,  by  uniting  related 
subjects  into  the  same  department  and  binding  the  departments 
closely  together."  There  are  involved  "the  basis  of  division, 
tne  internal,  arrangements,  and  the  relation  to  the  provincial  or- 
gans. As  a basis ... .sub ject  matter  and  territory  are  in  use. 


« 9 * 


The  application  of ^ the  former  to  the  whol8  monarchy  is,  as  far  as 
I can  see,  advisable."  "The  smallest  number  possible  of  the  cen- 
tral administrative  officials  should  be  at  the  head  of  simple  de- 
partments, naturally  divided  according  to  the  chief  administrative 
branches."  Thus,  Stein  recognized  two  bases  for  dep  artmental 
divisions,  subject  matter  and  territory,  with  a decided  prefer- 
ence for  the  former  as  best  suited  for  administrative  effective- 
ness. His  objections  to  the  latter  lay  partly  in  the  "constant 
difficulty  of  carrying  on  the  state’s  business  within  so  large  a 
sphere  of  activity,  and  partly  in  the  lack  of  knowledge  for  the 
details  of  each  administrative  branch  and  in  the  absence  of  res- 
ponsibility for  the  administration  as  a whole He  lays  special 

schlaese  etc5  V?77Chla1e|e ’ J ,377;  Denkschrift,  II,  498.  17.  vor- 

scnxaege  etc.  , 377.  18.  Bericht.  II.  661.  19  Rp-r-t  tt  ccr, 

21*  ieiiihrrTIChl6aIf  ’^r;  ^nkschrift’  A*g-  25,'  1808,  II,  128. 

• Bericht>  II,  844  661.  22.  Zweck.  Bild.  I,  416.  23  Veraend 

Verfassung,  Hov.  84,  1808,  II , 689;  Pro  Memnoria,  0ot.*16,  llw* 


. 


. 


. 

: _ 


• • 


' 


' 


’ 


— 5. 

emphasis  upon  the  loss  of  unity  and  harmony,  due  to  local  partial, 
rather  than  general  comprehensive,  points  of  view;,  the  great  dif- 
ficulty in  adopting  and  executing  general  measures  since  in  dif- 
ferent places  the  same  administrative  branch  at  the  same  time 

(25) 

was  carried  on  with  different  principles;  the  "impossibility  of 
a minister  understanding  the  principles  of  all  the  various  admin- 
istrative branches  entrusted  to  his  care  and  attending  to  each 
with  equal  interest." 

It  is,  therefore,  his  conclusion  that  more  harmony  and  unity 

exist  in  the  general  departments  than  in  the  territorial; that, 

with  supervision,  they  are  of  prime  importance,  as  a corrective 

of  existing  evils  and  fundamental  to  effective  government."  Prom 

the  correct  demarcation  of  administrative  activities  depends 

largely  the  successful  organization  of  public  affairs  and  the  pos- 

(27) 

sibility  ox  finding  efficient  public  officials."  "Only  by  this 
method  of  organization  can  intelligent  guidance  for  each  branch 
of  administration  and  proper  relations  between  the  branches  be 
obtained.  Through  the  least  possible  number  of  divisions  and 
personal  conferences  and  presentations  on  the  part  of  the  heads 
alone  can  the  central  authority  act  with  more  effectiveness, 
harmony ) and  vigor  and  organize  the  subordinate  departments  more 
easily."  The  purpose,  then  of  organizing  the  public  business  on 
the  basis  of  subject  matter  is  to  secure  unity,  harmony,  a gen- 
eral point  of  view,  uniform  methods,  more  thorough  knowledge, 
abler  men;  a sense  of  responsibility  for  the  whole  on  the  part  of 

243  leSohr^T11^2’  6 ' ,Sept'  26'  1808-  II.  242. 

27  Tbld  6S'  D 2b  2*eok-  Bild.,  I,  4X9. 26. Ibid.,  420. 

ibid.,  416.  28.  Bericht.  II  644. 


. 

- 

■ 


6. 


each  division;  supervision,  control  and  intelligent  guidance. 

Besides  the  basis  of  division,  the  character  must  be  deter- 
mined. The  organization  is  to  be  such  as  to  provide  for  the  full 
measure  of  departmental  individuality  and  responsibility  within 
the  alloted  jurisdiction.  The  heads  of  departments,  "in  closest 
connection  with,  the  King,  take  charge  of  the  branches  of  the  public 
business  according  to  the  instructions  imparted  to  them,  each 

independent  and  responsible,  working  in  harmony  with  similarly 
( 29 ) J 

organized  organs."  Each  department,  as  far  as  possible,  should  be 
put  under  an  individual  head;  but  so  that  the  closest  connection 
between  the  departments  might  be  constantly  maintained  and  each 
stand  under  the  common  control,  yet  independent  and  especially  res- 
ponsible  for  details,  each  department  was  to  be  clothed  "with  full 
responsibility  and  the  greatest  possible  independent  activity," 
consistant  with  its  connection  with  the  other  departments  and  the 
and  the  harmonious  action  of  the  system  as  a whole. 

TECHNICAL  COMMISSIONS. 

The  third  principle  was  to  provide  for  intelligent  activity, 
scientific  and  technical  commissions  to  be  attached  to  the  depart- 
ments, so  that  affairs  pertaining  to  the  common  interest  might  be 
advised  by  experts  "and  accuracy  of  information  secured?"  "To 
avoid  the  disadvantages  invariably  existing  for  various  adminis- 
trative branches  in  the  hands  exclusively  of  mere  administrators... 
to  combine  the  advantages  of  scientific  and  expert  advice  with 
those  of  a vigorous  and  regulated  order  of  administration. .. .de- 
29.  Veraend.  Verfass.,  II,  689 ."“so.” Ber icht,  661. 

31.  Ibid.,  657.  32.  Anzeige,  II,  242. 


7. 


putations  were  to  be  created  of  administrators  and  experts. 

Their  business  was  to  test  the  latest  scientific  and  technical 

principles,  to  ascertain  their  applicability  to  the  departmental 

work  and  new  legislation  through  a close  survey  of  the  situation 
(33)  (34) 

of  affairs."  Each  department  was  to  consist  of  two  parts:  The 

one  having  to  do  with  the  strictly  scientific  principles  which 
pertain  to  its  special  sphere;  the  other  having  charge  of  their 
application  to  practical  administration.  The  necessity  for  this 
arrangement  lay  in  the  fact  that  "it  is  impossible  for  (mere  ad- 
ministrators) in  branches  demanding  very  important  scientific 
or  technical  knowledge  to  possess  a wholly  adequate  training,  or, 
if  so  on  entrance  into  the  service,  for  them  to  retain  it  amid 
the  pressure  of  affairs  and  to  keep  abreast  of  the  progress  of 
science  and  knowledge.  Even  if  such  were  the  case,  it  would  be 
exceptional  and  not  worth  considering.  There  exists,  therefore, 
as  a rule,  an  incomplete  administration  of  such  branches#  If 
at  times  for  a short  while,  they  are  advanced  farther  than  is 
wont  by  the  special  qualifications  of  some  administrator,  yet  on 
his  withdrawal  or  superannuation,  there  soon  ensues  another  non- 
progressive interval,  which  disadvantage  can  be  eliminated  only 
by  the  use  of  scientific  experts  of  all  kinds,  as  advisers  to 
the  regular  administrators . On  the  other  hand  it  is  just  as  im- 
possible to  depend  on  these  experts  for  regular  administrative 
work,  as  there  often  fails  them  the  all  round  necessary  training 
for  effective  administration.  In  part,  also,  it  is  against  their 
inclination,  as  well  as  injurious  to  their  special  qualifications 

33.  Bericht,  II,  645.  34.  Veraend.  Verfass.,  II,  720. 


- 


8. 


(35) 


to  be  under  the  pressure  of  routine  work." 

"Therefore,  in  this  plan  for  organization,  to  unite  the  ad- 
vantages of  expert  advice  with  those  of  a vigorous  regular  adminis- 
tration, in  all  departments  having  special  scientific  and  tech- 
nical work,  provision  is  made  for  such  deputation  of  administra- 
tors and  learned  experts,  to  test  scientific  and  technical  prin- 
ciples by  the  most  recent  state  of  science  and  knowledge  as  to 

their  applicability, ». .and  to  submit  working  plans  and  instruc- 

( 33 ) 

tions  for  departmental  work  and  legislation.  There  will  result 

from  this  that  the  administration. .. .will  not  become  so  conser- 

(37) 

vative,  or  superannuate  so  early." 

The  technical  deputation  was  to  be  used  in  both  the  central 

(38) 

and  the  provincial  administration.  In  the  former  provision  was 

made  for  not  more  than  seven  deputations  to  be  attached  to  the 

departments  of  Domains  and  Forests.  Trade  and  Industry,  Mines  and 

( 39 ) 

Mining,  Public  Health,  Instruction,  Works,  and  Agriculture. 

There  exists  in  most  respects  a marked  similarity  between  these 

bodies.  The  general  character  is  vaguely  described  in  such  terms 

(40 ) 

as:  "closely  connected  with  the  department,"  "performs  for  public 

instruction  that  which  similar  deputations  do  for  other  depart- 
\ 41 ) 

ments,"  "one  of  two  parts  into  which  the  public  health  depart- 

H 2)  (43) 

ment  is  divided,"  "a  consultative  organ,"  "a  division  of  the 

(44) 

trade  and  industry  department."  The  membership  consists  prim- 

35.  Bericht,  II,  645.  36.  Ibid.,  37.  Ibid.,  646. 

38.  Anzeige,  II,  242;  An  Schroetter,  Aug.  25,  1808,  II,  677. 

39.  Veraend.  Verfass.,  II,  708,  ’ll,  ’19,  ’20,  ’27,  »30. 

I^id.,  41.  Ibid.,  711.  42.  Ibid.,  720. 

• 1 Dla. , 727 , 


. 

. 


* 


9 . 

arily  of  scientifically  and  technically  trained  men,  to  which  are 
added  in  some  cases  prominent  administrators  from  related  depart- 
ments, state  officials,  and,  occasionally,  consulting  members* 

The  functions  are  various.  The  members  are  to  canvass  the  pro- 
gress of  knowledge  pertaining  to  their  particular  department  in 
its  special  bearing  upon  the  affairs  of  state;  report  the  results 
to  the  departmental  authorities;  offer  expert  advice,  and  render 
opinions  on  scientific  subjects  in  general,  and  special  cases 
on  request  or  their  own  initiative;  entertain  commissions  on  short 
notice  with  written  or  verbal  ansv/ers ; make  reports  on  the  exist- 
ing conditions  of  the  departments;  take  charge  of  departmental 
educational  institutions;  and  examine  candidates  for  departmental 
positions.  Each  deputation  has  unrestricted  access  to  all  the 
information  and  resources  of  its  own  and  other  departments,  and 
to  all  necessary  assistance  from  departmental  functionaries  and 
local  deputations.  The  matter  of  organization  is  rather  vaguely 
hinted  at  in  the  expressions  that  it  "has  the  organization  of 
the  Forest  deputation,"  or  "possesses  a new  organization,"  or 
"forms  an  organ  of  the  department,"  except  in  case  of  the  Domains 
and  Forest  deputations  which  has  the  chief  forester  as  its  direc- 
tor and  a counselor  to  devote  his  whole  time  to  the  work.  Finally, 
a deputation  must  furnish  aid  to  other  departments  than  its  own, 
that  of  Trade  and  Industry  to  the  department  of  direct  and  in- 
direct taxas,  or  that  of  Agriculture  to  that  of  Forests  and  Do- 

(44) 
mains . 

Similar  deputations  were  to  be  established  in  the  provinces. 
"Where  circumstances  permit  and  need  demands,  independent  depu- 
44.  Veraend.  Verfass.,  II.  727  730. 


. 


10. 


tations  were  to  be  created  by  the  General  Directory.  They  were 
to  be  correlated  with  similar  deputations  of  the  central  govern- 
ment. The  General  Directory  was  to  furnish  the  necessary  data; 
and  might  consult  them  as  a body  or  summon  certain  members  to 
meet  with  it."  As  a rule  each  War  and  Domain  chamber  should  have 
a deputation  for  public  health  and  one  for  public  instruction. 

Other  deputations  were  to  be  constituted  as  the  special  need  oc- 
( 45 ) 

curred.  "Members  of  these  deputations  were  to  be  summoned  peri- 
odically; or  in  special  cases  by  the  General  Directory  for  de- 
. (46) 

liberation  and  instruction."  The  relations  between  the  central 
d.nd  provincial  deputations  on  the  same  subject  is  nowhere  defi- 
nitely defined;  but  in  general  the  relation  in  matters  of  public 

(47) 

health  is  indicated. 

POPULAR  PARTI Cl PATI ON . 

"The  fourth  principle  is.... the  giving  to  the  nation  estates 

befitting  its  position  and  relation;  and  to  the  representatives 

, (48) 

a proper  share  and  interest  in  the  admi ni strati on. " This  general 

statement  is  further  elaborated  by  exhibiting  the  various  ways 

in  which  the  King,  the  officials,  and  the  people  as  a whole  or  in 

part  are  to  profit  by  its  embodiment  in  some  practical  form  as 

a part  of  the  government. 

In  order  that  this  right  and  unrestrained  power  (of  the  King) 
may  work  the  good  that  lies  in  it,  it  seems  to  me  necessary  to 
give  this  supreme  power  a means  of  finding  out  the  wishes  of  the 

45.  Bericht,  II,  668.  46.  Ibid.,  670.  47.  Veraend.  Verfass., 

II,  720.  48.  Bericht,  II.  646. 


,<  rn.Mw  £,<,  Ot  mtm  t -n  i I •>  * fcoia  *"««« 


11. 


(49) 

people  and  of  formulating  their*  desir>es.M  in  this  manner1  "the 

ruler  of  a loyal  and  selfrespecting  people  gains  in  power,  for 

T (50) 

he  secures  all  their  moral  and  material  support.”  and  is  "kept 

(51) 

Informed  of  their  attitude  and  views."  Besides  bringing  the  King 
into  closer  touch  with  the  people  and  keeping  him  cognizant  of 
their  opinions,  the  participation  of  the  people  will,  also,  aid 
in  correcting  some  very  evident  abuses  in  the  administrative  sys- 
tem, such  as  extravagence , partiality,  red  tape,  difficult  and 
halting  action  of  the  subordinate  organs,  and  destruction  of  pub- 
lie  spirit,"  or  a "predominating  mercenary  spirit,.... a merely 
formal  life,  an  ignorance  of  the  district  to  be  ruled,  an  indif- 
ference and  often  ludicrous  disinclination  to  the  task,  and  a 
fear  of  changes  and  new  methods,  because  they  increase  the  wo^*k." 
From  the  positive  side,  "the  full  participation  of  the  estates 
(in  the  War  and  Domain  chambers)  will  be  useful  to  procure  an 
energetic  administration,  a better  knowledge  of  affairs  and  places, 

a more  active  interest  in  the  district  and  persons  ruled and 

an  increased  prestige  and  confidence  in  the  ruling  body!1  "A  pro- 
perly constituted  estates  constitution  will,  also,  help  the  local 
administration  of  the  central  authorities,  more  easily  acquaint 
them  with  the  local  needs  and  public  opinion,  support  them  in 
their  general  measures,  aid  them  in  more  quickly  arriving  at  a 
proper  decision,  and  securing  its  exection,  giving  them  relief 

from  a multitude  of  details  and  through  publicity  furthering  their 

(55) 

control  over  their  subordinates."  Reference  is  made  most  fre- 


th  P?hb-o^Strenh,N0V-  24  1808’  11  • 311-  50.  Bemerk., 

reo.  cm,  lbiy,  v.  51.  An  Herrn  von  Schmitz,  Mav  30  181B  V pbt 
52.  Bemerk.,  Nov.  5.  1822.  V 737.  53.  Berlohtf  ??,’  646. 

18i8  v?°22Utter'’  AUg‘  25  18°8,  11  ’ 676-  55‘  An  Spiegal,  Apr.l, 


. 

, ' 


. 


12. 


quently  by  Stein  to  the  effects  of  popular  participation  in  sim- 
plifying the  administrati ve  routine , in  inducing  a more  vigorous 

and  certain  action,  and,  above  all,  in  rendering  the  whole  pro- 
„ (56) 

cess  of  government  less  costly.  The  estates  corporations  are  to 
form  a counterpoise  to  the  to  the  administration  to  induce  more 
order,  economy,  and  deliberation  into  the  processes  of .legisla- 
tion and  administration;  to  protect  the  province  from  the  tendency 
to  centralization  and  to  general  action  without  due  regard  or 

knowledge  of  provincial  relations,  and  to  make  provincial  adrninis- 

(58) 

tration  cheaper  and  more  flexible;  to  encourage  official  activity 

and  independence  without  arbitrary  action,  and  induce  economical 

(59 ) 

and  energetic  operations;  to  eliminate  '’the  unavoidably  resulting 
separation  of  the  administration  from  the  people..,, , the  lack 
of  a live,  vigorous  grasp  of  subject  matter....,  the  merely  formal 
conduct  of  business  and  the  greater  cost  of  administration;^ and 
to  further  the  independent  activity  of  the  provincial  organs, 
bring  life  into  the  dead  frame  of  documents,  oppose  the  desire 
of  change,  and  render  the  administration  more  united  and  vigorous, 
and  less  costly  than  hitherto^’ 

concerning  the  effect  of  popular  participation  upon  the  peo- 
ple as  a whole,  or  upon  classes  or  individuals,  Stein  seems  to 
have  a very  sanguin  conception.  The  exclusion  of  the  people  en- 
tirely from  the  affairs  of  government  causes  their  ’’sympathy  with 
the  administration,  its  welfare  and  progress,  and  the  national 


$46,  ’47,^57;  Beurtheilung  Aug.  20,  1816,  V,86ff. 
An  Niebuhr,  Feb.  8,  1822,  V,  668.  57.  Bemerk.  Nov.  5,  1822,  V, 

9 5?e,5  ^iH^Cappenberg,  1818,  V.  298.  59.  An  Eichorn, 

Jan.  2,  1818,  V,  174.  60.Bericht.  Nov.  23,  1807,  II,  662. 

61.  Bemerk.  Nov., 5,  1822,  V,  737;  Berieht,  Nov.  23,  1807,  IX,  657. 


•odq  *43  noqif  no JJ  •qiol***q  •tBittqoq  lo  $'&rroocw>; 


13. 


welfare  to  suffer.  There  prevails  an  injurious  indifference  which 
breeds  opposition  to  the  administration  since  the  people  fail  to 
understand  it.  Especially,  the  larger  landowners,  who  by  their 
position  and  training  could  well  take  an  active  part  in  public 
affairs,  become  indifferent  and  assume  a hostile  attitude.  The 
government  gradually  becomes  separate  from  the  nation,  a condi- 

ti0I1( 62) ali  tim6S  and  places  engendering  the  most  unfortunate  re- 
sults." There  follows  an  attitude  of  hostility,  or,  at  least, 
a lack  of  good  will  in  making  sacrifices  for  the  state’s  existence! 
But  when  a real  share  in  the  public  business  is  accorded  the  peo- 
ple, the  "development  of  the  nation  will  be  furthered,  the  com- 

( 64 ) 

mon  feeling  awakened;"  public  spirit  broadened  and  established 
the  love  of  the  Fatherland  deepened;  "there  is  created  a bond  of 
confidence  and  respect  between  ruler  and  ruled,  a live  interest 
in  public  affairs  by  the  people,  a public  spirit,  a certain  prac- 
tical  and  accurate  knowledge  of  public  business;  a moral  and 
spiritual ^ development , a protection  against  the  constant  fight  of 
factions,  an  acquaintance  with  the  needs  of  the  government,  and 
an  internal  peace^and  full  advancement  of  the  spirit  and  charac- 
ter of  the  nation."  "The  interests  of  the  various  classes  would 
be  looked  after  and  protected;  and  the  laws  would  cease  to  be 
partial."  Stein,  also,  looked  at  the  educational  side  of  pop- 
ular participation  in  public  affairs,  calling  "an  estates  const!- 

62.  Bericht,  II,  646;  An  Niebuhr  Feb.  8,  1822,  V,  668.  63.  Stein 

P°I.  Test*»  II,  311.  64.  Veraend.  Verfass.,  II,  690, 

Mav  3^1817 * N°V*  5 1822’  V>  757‘  66‘  Entwurf, 

1831  Vi  lie?’  t 647>  5V*  67.  Schlusz  des  Berichts 

J-OOI,  VI,  1167.  68.  An  Schmitz,  May  30,  1818,  V,  251. 

69.  Denkschrift,  Oct.  6 1821  V,  592. 


* 


14. 


tution  and  political  freedom  the  great  educational  institution 
of  the  people,”  "the  provincial  estates  a good  preparatory  school 
for  the  greater  assembly  of  the  central  estates."  "the  central 
estates  a great  national  educational  institution",  and  the  par- 
ticipation of  the  nation  in  legislation  and  taxation. ... "a  train- 
ing school  having  the  most  beneficial  influence  upon  the  practi- 
ce)) 

cal  and  theoretical  life  of  the  nation."  He  considered  "the  fric- 

(71) 

tion  with  the  members  of  the  Directory”  as  exceedingly  useful. 

The  educational  influence  of  taking  part  in  local  affairs  upon 

the  individual  is  especially  emphasized.  "The  provincial  estates 

(72) 

assembly  will  develop,  unite  and  enoble  men."  "if  the  (communal 
constitution)  is  so  constructed  that  it  excites  in  the  individ- 
ual a free  life  and  an  energetic  participation  in  communal  af- 
fairs, it  becomes  the  purest  source  of  love  of  country,  it  at- 
taches him  to  the  paternal  hearth.... It  assumes  a true  practical 
freedom  which  daily  and  hourly  expresses  its  influence  in  every 

material  and  personal  relation,  and  offers  protection  against 

(73) 

official  arbitrariness  and  arrogance." 

For  the  practical  realization  of  popular  participation  in 
public  affairs,  Stein  relied  upon  the  "Mediaeval  system  of  es- 
tates," with  such  modifications  as  the  times  demanded.  Geo- 
graphical constituencies  were  to  him  the  height  of  folly.  He 
repeatedly  asserts  that  all  progress  must  be  based  upon  exist- 
ing institutions,  with  such  adaptations  as  present  circumstances 
demand.  "The  plan  is  to  give  the  nation  estates  adapted  to  its 
70.  An  Louise,  Dec.  22,  1828,  VI,  644;  An  Pertz,  Feb., 20,  1827, 

VI,  366;  An  Gneisenau,  Feb.  18,  1831,  VI,  65.  71.  An  Schroet- 

ter,  Aug.  25,  1808,  II.  676.  72.  An  Seinen  Neffen.  Jan.  3,  1827, 

VI,  354.  73.  Uber  Theilnahme,  Feb.  13,  1818,  V,  190;  Bemerk, 


' 


' • 


15. 


condition  and  relations,  and  to  its  representatives  a suitable 
participation  and  interest  in  the  administration.  This  privi- 
lege will  be  accorded  more  extensively  in  the  subordinate  organs 
of  government  than  in  the  central,  because  the  latter  require 
special  scientific  knowledge  and  the  practical  habits  of  long 
experience,  while  in  the  former  a close  knowledge  of  individual 

local  affairs  and  personal  relations  is  the  important  matter, 

(74) 

which  those  in  practical  life  possess  in  a high  degree."  with- 
in the  estates  the  possessors  of  the  franchise  were  to  be  as 
numerous  as  possible  among  the  propertied  class.  "My  plan  was," 
says  Stein,  hitherto  that  each  active  citizen  shall  have  the 
right  to  representation,  whether  he  possess  a hundred  or  one 

acre,  pursue  agriculture,  manufacturing  or  trade,  follows  some 

(75) 

craft,  or  is  bound  to  the  state  by  ecclesiastical  bonds." 


73.  (continued  from  previous  page)  Berne rk,  Nov.  5,  1822,  V,  750. 

74.  Bericht,  Nov.  23,  1807,  II,  647,  662;  Anzeige,  II,  242; 

An  Vincke,  May  20,  1818,  V,  284;  Stein,  Cappenberg,  1818,  V,  298. 

75.  Pol.  Test.  II,  311. 


16. 

CHAPTER  II— DEVELOPMENT  OF  THE  PRUSSIAN  SYSTEM  OF  GOVERNMENT. 


SITUATION  BEFORE  1604. 

The  Prussian  system  of  government  in  the  sixteenth  century 

(1)  * 
was  very  simple.  It  was  carried  on  by  the  Elector,  with  the  ad- 
vice of  trusted  counselors,  from  the  nobility,  and  the  citizens, 
the  latter  being  chosen  for  their  legal  knowledge.  The  most  im- 
portant official  was  the  Chancellor,  since  he  had  to  do  with  all 
legal  affairs,  was  chairman  of  the  high  court  of  justice  and 
finance,  and  affixed  the  great  seal  to  all  government  documents. 
He,  also,  was  the  intermediary  between  the  Elector  and  his  sub- 
jects in  respect  to  all  representations , decisions,  and  commands. 
The  other  advisers  were  only  occasionally  consulted  on  matters 
of  current  business,  being  mostly  non-resident , and  under  obli- 
gation to  give  their  opinion  only  on  weighty  matters  upon  request. 
There  existed  neither  definite  duties,  common  meetings  and  dis- 
cussions, nor  collegiate  organization.  On  certain  occasions  the 
body  of  advisers  assumed  temporarily  more  definiteness,  unity, 
and  influence.  When  the  Elector  was  to  be  at  the  imperial  diet, 
on  a military  campaign,  or  abroad,  they  were  assembled  under  a 
chairman  to  act  according  to  special  instructions.  Current,  and 
especially  pressing  business  was  discharged  by  the  council  in 
the  name  of  the  Elector;  weighty  non-urgent  affairs,  except 
national  defense,  were  referred  to  the  Elector;  affairs  requir- 
ing immediate  decision  were  referred  to  some  neighboring  prince. 
This  occasional  council  remained  long  an  expedient  for  excep- 

| 1.  K nnd  C.,  Staats-Rath,  pp’.  79-84, 


V ' > 


■ . 


. 


17. 


tional  circumstances,  until  the  increase  of  business  incident  to 
territorial  growth,  advancing  culture,  and  more  intimate  rela- 
tions  with  other  German  states  and  foreign  powers  revealed  the 
advantages  of  a permanently  organized  council. 

ESTABLISHMENT  OF  1604. 

(2) 

The  establishment  came  in  1604.  Joachim  Friedrich  at  his 
accession  had  begun  a contest  with  his  estates  for  more  power 
over  the  military  and  financial  resources  of  his  electorate.  The 
estates  had  seriously  invaded  even  his  prerogative  powers  while 
the  feudal  organization  had  destroyed  the  old  military  arrange- 
ments, and  many  sources  of  revenue.  But  he  was  forced  to  a com- 
promise,due  partly  to  coming  foreign  complications.  The  impend- 
ing reversion  of  Prussia  to  Brandenburg  involved  complicated  and 
prolonged  dealings  with  Poland  and  the  Prussian  Estates.  His 
eldest  son's  claim  by  marriage  to  Juelich-Cleves-Berg  demanded 
attention  from  the  ruler's  critical  situation.  His  second  son's 
inheritance  of  Jaegendorf;  and  the  strong  opposition  to  his  choice 
by  the  protestant  electors  as  Archbishof  of  Strassburg  involved 
negotiations  with  the  Empire,  France  and  the  Netherlands.  These 
circumstances  created  a need  for  an  efficient,  responsible  and 
permanently  organized  body  of  advisers  to  administer  affairs  in 
the  absence  of  the  Elector,  and  to  assume  jurisdiction  over  the 
prospective  acquisitions,  a skilled  body  of  men  dependent  upon 
and  devoted  to  the  Elector  alone,  who  could  enhance  his  personal 
power  and  aid  him  in  securing  those  rights  which  he  had  lost  in 
his  recent  contest  with  the  estates. 

Thus  the  occasional  council  changed  into  a permanent  privy 

So fiKq?ldT!«  Staats-Bath,  P ,85;  Droysen,  Preusz.  Pol.  II,pt.i,  pp. 
386-92,  Isaacsohn,  Preusz.  Beamt,  II,  23. 


* 


18. 


(3) 

council,  organized  and  empowered  by  the  ordinances  of  1604. 

There  were  to  be  nine  members,  five  nobles  and  four  citizens. 

Two  privy  secretaries  took  the  minutes.  Meetings  were  on  Tues- 
days and  Thursdays.  The  Chancellor  introduced  the  business,  the 
chamberlain  led  the  discussion,  the  vote  was  taken  by  rank,  with 
one  exceptionally  well  acquainted  with  the  subject  voting  first 
as  a guide.  The  decision  was  by  majority.  A record  of  the 
minority  arguments  might  be  kept.  The  results  of  the  delibera- 
tions were  signed  by  the  councillors  for  delivery  to  the  Elec- 
tor. The  reference  of  business  was  decided  by  the  Elector,  or 
in  his  absence  by  the  Chancellor.  Documents  were  to  be  taken 
home  only  by  special  permission.  The  function  of  the  council  was 
advisory  in  all  matters  of  policy  and  administration  such  as: 
finance,  police,  imperial,  commercial  and  military  matters, 
church  and  justice  being  under  the  consistory  and  High  Court  of 
Justice . 

The  council  functioned  very  unsuccessfully  at  first.  The 

(4 ) 

Elector  withdrew  late  in  life  from  affairs  of  Government,  leaving 
them  mostly  to  a few  special  confidents,  who  dominated  the  coun- 
cil. Even  the  pretense  of  discussion  was  lost,  and  meetings  be- 
came very  irregular.  But  on  the  accession  of  Johann  Sigismund 
in  1608  the  councillar  constitution  was  reinstated  with  daily 
meetings  and  two  special  committees,  one  of  three  members  for 
Juelich  affairs,  the  other  of  two  for  Prussian, and  to  each  two 
men  well  acquainted  with  the  local  provincial  affairs,  to  pre- 
pare the  business  to  be  debated  and  decided  upon  in  the  council. 

3.  Bornhak,  Preusz.  Verwaltungg  R,  I,  309;  Isaacsohn,  Preusz, 

Altmann  Ausg.  Wrk.  II,  34-38;  K.  u.  C.,  Staats- 
Rath.,  86-109 ; 299-309.  4.  Bornhak,  Preusz.  VerwaltungsR.il,  312; 

K.  u.  C.,  Staats-Rath,  110,  111.  ' ’ 


• • 


20. 


signing  foreign  papers  and  death  warrants,  and  maintaining  the 
security  of  the  highways. 

TEE  THIRTY  YEARS  WAR. 

(7) 

When  the  council  entered  the  period  of  the  Thirty-Years’  War, 
German  conditions  variously  affected  it,  although  the  ordinance 
of  1613,  with  that  of  1616.  remained  as  the  fundamental  law,  modi- 
fied to  give  an  enlarged  jurisdiction  and  special  semi-indepen- 
dent departmental  committees.  The  frequent  prolonged  absences 
of  the  Elector  gradually  changed  the  council  from  a merely  ad- 
visory body  to  one  able  to  render  a valid  decision,  the  controll- 
ing administrative  body,  when  the  Elector,  finally,  retired  to 
Prussia.  It  paid  debts:  supervised  domestic  affairs;  summoned, 
consulted,  and  enforced  the  decisions,  of  the  estates;  corres- 
ponded with  foreign  courts,  received  and  instructed  ambassadors; 
reprieved  and  pardoned,  heard  cases  of  injustice,  and  reported  to 
the  Elector.  Nevertheless  the  general  turmoil  after  1619  inter- 
fered with  the  attendance  and  created  divisions  along  the  lines 
oi*  the  German  political  factions.  Some  were  Protestants  under 
the  Chancellor,  others  Catholic  Imperialists  under  Schwartzen- 
berg.  There  was,  moreover,  the  opposition  between  Calvinists  and 
Lutherans,  dating  from  the  adoption  of  the  reformed  faith  by  the 
electoral  house  in  1613,  and  persisting  through  the  zeal  of  the 
Elector,  George  William,  and  Schwartzenberg1 s hostility.  Final- 
ly, the  im luence  and  prestige  of  the  council  were  impaired  by  the 
arbitrary  procedure  and  personal  government  of  Schwartzenberg. 

He  filled  in  his  favorites  and  excluded  his  opponents  from  the 

council;  chased  out,  imprisoned,  and  persecuted  his  rivals  by 

^B°^a^PreUSZ*  verwalt‘  I.  313-316;  K.  u.  C.,  Staats  Rath, 

130;  148-180.  * 


* 


' 


. 

■ 

. 

■ 


19. 


The  hour  of  meeting  was  seven  in  the  morning  in  summer,  and  eight 
in  winter.  Government  papers  were  to  remain  in  the  council-cham- 
ber. 

CHANGES  IN  1613. 

This  attempt  at  reform  seemed  to  have  played  out  by  1613, 

when  Margrave  Johann  George  undertook  the  reorganization  for  his 

brother,  the  Elector  Johann  Sigisraund,  who  expected  to  be  away  a 

considerable  time  on  Prussian  and  Juelich  affairs.  Weekly  meet- 

(5) 

ings  on  Wednesday  morning  at  seven  or  eight,  and  on  Thursday,  for 
unfinished  business,  were  presided  over  by  the  Margrave  who  opened 
all  business,  except  the  Elector's,  and  guided  and  closed  the  de- 
bate. Government  business  was  presented  by  the  Chancellor,  other 
matters  by  the  members  at  the  discretion  of  the  council.  Con- 
tentious subjects  were  to  be  avoided.  There  was  to  be  a full,  free  j 
expression  of  opinions  with  a unanimous  support  of  a final  de- 
cision. Important  documents  were  to  be  signed  by  the  Chancellor, 
or  other  councillors.  Adequate  preparation  was  expected.  The 
documentary  material  was  to  be  preserved. 

To  this  council  was  given  advisory  jurisdiction  in  such  af- 
fairs of  the  electoral  house  and  territory f as,  instructions  and 
memorials,  reciprocal  inheritance  compacts,  family  agreements, 
religious  unions,  boundary  disputes,  answers  to  communications, 
war  preparations,  and  consideration  of  the  Elector's  objections 
to  the  council's  decisions;  for  the  Elector  had  bound  himself  never 
to  act  in  matters  laid  before  it,  against  the  council’s  unani- 
mous advice.  There  were  added  to  these  duties  by  the  emergency 

(6) 

instructions  of  1616  those  of  receiving  and  answering  ambassadors, 

5.  Bornhak , I,  312;  K.  u C.,  Staats  Rath,  113-120;  Isaacsohn,  11,32. 

6.  Bornhak,  Preusz.  Verwalt.  I,  313;  K.  u C,  Staats  Path,  p.  120. 


. 


21. 


severe  judicial  investigations  before  special  commissions,  until 
he  came  to  dominate  the  council. 

EARLY  DAYS  OP  THE  GREAT  ELECTOR. 

(8) 

On  the  accession  of  the  Great  Elector,  an  attempt  was  made,  at 
first,  merely  to  remedy  a few  of  the  more  flagrant  abuses  through 
the  tentative  instructions  of  January  9,  1641.  The  Elector  re- 
sumed control  of  his  correspondence,  discontinued  the  signed  blanks, 
toon:  cognizance  of  treason  trials,  and  demanded  reports  on  the  de- 
lays, or  refusals,  of  justice.  Later,  the  privy  council  was  res- 
tored, under  Chancellor  Goetze,  against  Schwartzenberg,  to  be 
again  rehabilitated  after  the  latter’s  death,  March  4,  1641, 
through  various  instructions.  No  action  was  to  be  taken  without 
collective  consultation  and  decision,  with  a preliminary  reading 
of  all  business  and  important  ordinances  before  the  council.  Ab- 
sentees were  to  vote  in  writing  or  by  proxy;  meetings  to  be  held 
in  the  accustomed  place.  All  business  concerning  the  Elector  and 
the  state  was  to  be  signed  by  him.  In  his  absence  and  the  lack 
of  a chairman,  the  council  was  to  act  in  the  name  of  the  Elector 
in  respect  to  domestic  and  foreign  correspondence,  receptions  of 
ambassadors,  inspection  of  the  electoral  household,  summoning  of 
the  estates,  confirmation  of  death  sentences,  exercise  of  grace, 

and  inspection  of  martial  courts. 

(9) 

Meanwhile,  the  Great  Elector  had  been  making  rather  inef- 
fectual efforts  to  improve  his  territories.  He  labored  under  the 
inconveniences  of  an  expensive  court  and  civil  service,  the  pay- 
ment of  large  sums  to  the  Swedes  and  the  Nether landers,  and  the 
difficulties  of  securing  revenue.  His  authority  was  seriously 

? ' K‘  J1,  ^ Staats  Hath,  185-190.  9.  Isaacsohn,  Preusz.  Beamt,  II 

108;  Droysen, Preusz.  Politik,  III,  2,  50. 


22. 


limited;  for  the  privy  council  controlled  the  internal  administra- 
tion of  the  Mark  and  the  general  affairs  of  the  other  territories, 
managea  the  current  royal  affairs  and  the  political  correspondence, 
though  it  showed  marked  defects  as  an  administrative  body,  paying 
little  attention  to  departments,  and  exhibiting  internal  differ- 
ences, strife  and  confusion.  His  scanty  income,  conciliar  diffi- 
culties and  loosely  connected  territories  re&cted  disadvantageous- 
ly  upon  his  foreign  policy  and  his  plan  to  restore  Prussia’s  mili- 
tary power.  Therefore,  he  would  make  such  a financial,  adminis- 
trative, and  military  reorganization  of  this  government  as  to 
fill  his  treasury,  secure  prompt  administration,  create  a center 
for  his  foreign  and  imperial  policy,  and  form  a territorially  com- 
pact state. 

ORDINANCE  OF  DECEMBER  4,  1651. 

While  the  reform  of  finance  was  entrusted  to  a special  com- 
mission of  four  officials  directly  under  the  Elector,  that  of 
administration  was  made  by  the  privy  council  order  of  December  4, 
1651.  The  council  was  divided  into  nineteen  departments,  partly 
territorial,  partly  subject-matter.  Of  the  twelve  members,  two 
were  without  special  departments,  while  ten  were  so  assigned  as 
to  be  each  a director  in  one  and  an  assistant  in  another,  except 
von  Waldeck  who  was  director  in  the  first  two.  All  business  was 
to  be  opened  by  the  Elector,  and  assigned  to  the  appropriate  de- 
partment. The  director  was  to  present  to  the  council  a proposal 
previously  criticised  by  the  Elector,  lead  the  voting,  submit  the 
result  to  the  Elector  immediately  or  privately,  and  supervise  the 

R^J°rSak1’,r?^Z-Jerwalt-’  x-  316’  318 ; Isaaosohn,  Prensz. 

Be amt., IX,  111-116;  Droysen,  Preusz  Polltik,  III,  pt.  2,  pp.  50,51, 


* 


23 


execution  of  a favorable  decision.  The  exact  official  relation  of 
the  Elector  to  the  council  is  not  clear.  Bornhak  says  that  the 
personal  participation  of  the  Elector  in  the  consultations  was 
confined  to  special  occasions.  Droysen  asserts  and  Isaacsohn  im- 
plies, that  he  regularly  presided,  opened  and  distributed  the 
business,  received  reports,  made  proposals,  held  the  vote  and  an- 
nounced the  decision. 

The  privy  council  became  again  mainly  advisory,  while  the 
Elector  decided,  and  the  members  executed  his  decision,  a com- 
bination of  collegiate  advice,  electoral  decision,  and  individual 
execution.  But  this  organization  was  rendered  very  ineffective 
by  special  missions,  imposed  upon  some  members  of  the  council,  and 
by  the  constant  absence  of  the  Elector.  The  withdrawal  of  the 
more  experienced  members  for  consultations,  embassies,  supervi- 
sion of  reforms,  mediation  and  other  tasks,  tended  to  burden  the 
less  capable  with  the  direction  of  two  or  three  departments,  and 
the  attendance  upon  as  many  more.  These  conditions  reacted  upon 
the  council,  in  the  attempt  to  equalize  the  work  by  giving  each 
councillor,  as  far  as  possible,  that  with  which  he  was  most  famil- 
iar, to  make  the  division  of  departmental  functions  more  in  accord- 
ance with  the  needs  of  practical  affairs,  than  with  the  demands 
of  logic.  The  council  also,  as  a body,  continued  to  exercise  pro- 
vincial functions  in  the  Mark,  in  respect  to  taxation,  adminis- 
trative disputes,  and  domain  difficulties,  while  foreign  affairs 
were  managed  by  the  Elector  in  his  cabinet,  with  a few  trusted 
Councillors . 

In  October.  1652.  the  presidency  of  the  council  was  provided 
for.  Director  Blumenthal  assumed  the  direction  of  the  division. 


♦ ' 


■ 


-24. 


presentation,  and  consideration  of  business,  of  assigning  the 
work,  and  of  maintaining  discipline.  After  a vacancy  of  some  years 
in  1656, or  1658  according  to  Bornhak,  similar  functions  were  dis- 
charged by  Superior- President  Otto  von  Schwerin.  In  1660  von  Som- 
nitz,  a councillor,  was  made  deputy-president.  Thus,  through 
this  ordinance  of  December  4,  1651,  and  its  modifications  down  to 
1658,  there  was  created  an  authority,  says  Isaacsohn,  which  in- 
volved the  separation  of  military  and  finance  administration  from 
"privy  affairs,"  the  permanent  organization  of  individual  depart- 
ments, collegiate  consideration  of  all  affairs  of  counci liar  com- 
petence, and  the  institution  of  a permanent  direction  within  the 
council,  which  at  the  same  time,  assumed  the  obligation  of  medi- 
ation with  the  Elector. 

(11) 

Although  it  was  sought  to  maintain  the  unity  of  administra- 
tion in  the  privy  council,  the  referential  and  representative 
character  of  the  directors  of  the  departments,  and  the  collegiate 
consideration  and  decision  of  all  administrative  questions,  yet, 
on  account  of  the  consolidation  of  provincial  administrations 
by  the  Great  Elector  and  Frederick  I,  there  gradually  grew  up 
new  administrative  organs  for  the  whole  state,  unconnected  with 
the  privy  council,  collegiate  ministries  in  connection  with  do- 
mains, police,  general-commissariate,  and  taxation.  The  new  de- 
velopment tended  to  reduce  the  privy  council  to  much  the  same 
position  as  that  of  the  separate  central  administrative  organs 
for  justice  and  the  church,  a collegiate  ministry,  a superior 
administrative  organ  only  in  the  supervision  of  certain  definite 
affairs • The  administrative  center  of  gravity  was  changing  to  the 

11.  Bornhak,  Preusz.  Verwalt.  I,  318,  II,  55;  Isaacsohn,  Preuss. 

Be  amt.,  II,  250  ff.,  Ill,  9 ff. 


. 

■ 


. 


. 


- 


25. 


new  administrative  authorities,  to  the  destruction  of  the  old, 
originally  intended,  position  of  the  privy  council. 

REFORMS  OF  DANKELMANN. 

This  break  in  the  unity  of  the  central  administration  was  per- 
ceived by  Dankelmann,  active  privy  budget  and  war  councillor  under 
Frederick  III,  president  of  the  council  in  1693,  grand  chancellor, 
superior-president  and  first  minister  in  1695.  He  sought  to  re- 
organize and  expand  the  council,  to  establish  regular  meetings, 
joint  discussion  in  the  presence  of  the  King,  and  division  of  res- 
ponsibility between  the  ministers.  His  attention  was  given  to 
releaving  the  council  of  the  local  affairs  of  the  electoral  Mark, 
and  to  correcting  the  defective  division  of  business.  He  reduced 
the  number  of  members  to  twelve,  incorporated  the  various  new 
administrative  authorities,  and  created  a college  of  department 
chiefs.  It,  then,  was  possible  for  the  council  to  give  a tho- 
rough discussion  to  all  matters  assigned  the  new  departments  and 
to  decide  questions  of  jurisdiction.  The  department  heads  report- 
ed their  affairs  so  as  to  elicit  little  debate  and  to  make  two 
or  three  meetings  a week  sufficient  for  the  discharge  of  business, 
since  daily  sessions  would  interfere  with  the  meetings  of  the  var® 
ious  departments.  This  plan  was  often  interfered  with,  through 
the  consideration  of  provincial  and  foreign  business  by  the  group 
of  advisers  in  constant  attendance  upon  Frederich,  when  abroad. 
Frequent  meetings  of  the  council  nevertheless,  took  place  under 
the  presidency  of  the  oldest  member,  and  sought  by  correspondence 
to  maintain  personal  relations  with  the  Elector. 

ORDINANCE  OF  APRIL  3,  1713. 

Although  during  the  first  years  of  the  reign  of  Frederick  Wil- 


■ 


liam  I,  the  council  was  still  considered  the  assembly  of  all  res- 
ponsible department  chiefs,  and  the  King  made  constant  use  of  the 
collegiate  organization  to  work  over  his  ordinances  by  aid  of 
mature  and  trusted  advisers  and  to  find  responsible  instruments 
of  execution,  there  intervened  some  important  modifications. 

While  at  first,  department  leaders  were  to  report  their  more  im- 
portant ax  fairs  to  the  council  for  the  King’s  decision,  and  coun- 
tersign ordinances,  decrees  patents,  rescripts,  etc.,  later,  the 
King  passed  directly  upon  their  reports,  leaving  only  general  af- 
fairs to  the  debate  and  signature  of  the  council.  The  ordinance 
of  April  3,  1713.  combined  provincial  and  subject  matter  as  the 
basis  for  the  division  of  business.  Each  head  of  a department, 
presented  the  affairs  of  his  jurisdiction,  while  to  each  was  as- 
signed a territorial  jurisdiction  for  the  administration  of  feu- 
dal, dominion,  and  grace  affairs,  and  to  the  council  as  a whole 
justice  affairs.  Thus,  the  council  had  the  three-fold  character 
of  a state-ministry,  an  assembly  of  the  heads  of  superior  adminis- 
trative organs,  the  highest  advisory  body  and  jurisdictional  court; 
of  a superior  administrative  organ  for  feudal,  dominion,  and  grace 
ax  fairs ; and  of  a collegiate  justice  ministry  for  the  administra- 
tion of  justice  as  a whole,  the  presidents  of  the  supreme  courts 

at  Berlin  being  admitted  as  reporters. 

(13) 

Two  things,  moreover,  tended  to  give  a new  position  to  the 
privy  council:  the  autocratic  character  of  the  King  and  the 

Hr*  B°r2jak>  Preusz*  Verwalt..  II.  56;  Isaacsohn,  Preusz.  Beamt., 
Ill  J 9 lx  4 y 12 

13.  Bornhak,  Preusz.  Verwalt. > II.  37;  Isaacsohn.  Preusz.  Beamt., 
Ill,  50,  59,  116;  Droysen,  Preusz.  Politik,  IV,  pt . II,  22-25. 


.. 


. 


27. 


bureaucratic  consolidation  of  the  special  jurisdictional  bodies. 
The  King  became  his  own  minister  of  finance,  foreign  affairs, 
justice,  etc.,  the  supervising  and  determining  center  of  adminis- 
tration. All  military,  provincial  and  foreign  business  were  sub- 
mitted directly  to  his  criticism,  before  being  sent  to  the  proper 
ministry  for*  decision  and  answer  in  accordance  with  the  marginal 
notes.  Only  upon  definite  notice  did  he  confer  with  his  ministers. 
Further,  he  instituted  a thorough  and  systematic  reform  of  the 
state  machinery,  from  the  central  government  out.  He  exacted  the 
same  daily  routine,  order,  and  promptness,  from  all  who  served 
him,  even  the  humblest.  He  was  himself  everywhere  present,  an- 
nually inspecting  all  the  state  institutions,  examining  accounts, 
noting  all  needs,  making  necessary  provision  for  each  state  ac- 
tivity, the  source  of  energy  and  initiative,  the  supervisory  auto- 
crat over  the  whole  state. 

ORDINANCE  OF  MARCH  27,  1713. 

The  process  of  consolidation  was  begun  in  1712,  when  the  King 
was  still  crown  prince,  by  the  reorganization  of  the  "general 
commissary,"  with  its  locals  in  the  principal  city  of  each  pro- 
vince and  the  taxcommissioners  in  the  circles.  Then,  by  the  ordi- 
nance of  March  27,  1713,  there  were  combined  the  superior  domain 
and  rega.lian  administrations  into  the  general  finance  directory, 
of  seven  councillors,  and  three  responsible  presidents,  with  seat 
and  vote  in  the  privy  council,  the  presentation  of  department  af- 
fairs to  the  King,  and  the  right  to  countersign  laws  pertaining 
to  their  jurisdiction.  There  were  daily  sessions,  collegiate  de- 
cision, and  local  representation  through  the  provincial  government 
chambers,  consisting  of  a president  and  six  to  eight  councillors 


28. 


for  finance,  domain,  and  justice  administration.  With  this  reform, 
the  organs  of  domestic  administration  consisted  of  the  privy  coun- 
cil for  supervision  of  justice,  feudal,  dominion,  and  grace  af- 
fairs, a nominal  State’s  ministry  divided  into  subject-matter 
departments,  with  heads  having  direct  proposal  to  the  King;  the 
general  finance  directory  for  domains  and  regalia;  the  general  com- 
missary for  military  affairs,  contribution,  and  excise;  the  gen- 
eral accounts  chamber,  under  a controller-general  in  direct  res- 
ponsibility to  the  King;  three  privy  state  and  cabinet  councillors, 
signing  proposals,  corresponding  with  envoys,  assigning  business 
and  supervising  the  administration  in  the  King’s  absence;  and 
three  ministers,  managing  justice  consistorial  and  feudal  affairs. 

ORDINANCE  OP  JANUARY  24,  1723. 

(14) 

This  organization  lasted  about  ten  years,  during  which  the 
two  finance  departments  developed  much  opposition,  rivalry,  and 
friction,  due  to  the  lack  of  well-defined  jurisdiction,  the  pre- 
ference of  the  King  for  the  general  commissary,  and  the  presence 
of  the  two  discordant  elements,  nobles  and  citizens,  in  their  mem-  I 
bership.  Several  unsuccessful  attempts  were  made  to  remedy  these 
evils.  Finally,  the  general  commissary  and  the  general  finance 
directory  were  combined  by  the  ordinance  of  January  24,  1723.  into 
the  general  superior  finance,  war.  and  domain  directory  under  the 
presidency  of  the  King  to  include  the  entire  internal  administra- 
tion of  military,  police,  and  finance.  There  were  five  depart- 
ments, each  under  a minister  in  his  turn  chairman  of  the  session 

B?r«  preusz.  Verwalt . , II,  59;  Isaacsohn,  Preusz.  Beamt, 

III,  116-125;  Droysen,  Preusz Pol . , IV,  pt.  II,  349-351. 


29. 


of  ministers  and  assessors,  and  responsible  to  the  King.  Seventeen 
assessors  aided  the  ministers  who  filled  vacancies  from  candidates 
qualified  in  character,  general  and  special  knowledge,  and  adminis- 
trative ability.  The  personal  responsibility  of  minister,  asses- 
sor and  local  official  was  especially  emphasized  for  the  introduc- 
tion of  all  documents  before  the  directory  and  their  presentation 
to  the  King,  for  department  affairs  and  internal  administration  as  a 
whole.  It  was  the  duty  of  the  ministers  to  supervise  the  depart- 
mental officials  and  business,  receive  provincial  reports,  check  up 
the  war  and  domain  chambers,  undertake  special  commissions,  pre- 
sent matters  to  the  general-directory  for  its  decision  or  that  of 
the  King,  attend  the  four  sessions  a week  at  seven  or  eight  in  the 
morning,  and  forward  to  the  King  the  minutes  of  debate,  the  deci- 
sions with  reasons  therefor,  and  all  matters  arising  from  disagree- 
ments or  lack  of  instructions. 

The  local  representations  of  the  general  directory  were  the 
war  and  domain  chambers,  created  from  the  local  authorities  of  the 
finance  and  commissary  directories,  with  provisions  for  membership 
similar  to  tnose  of  the  general  directory.  The  president  exercised 
the  same  powers  as  the  King  and  assumed  the  same  responsibility  as 
the  five  ministers  of  the  general  directory.  He  had  charge  of  the 
business,  the  discipline,  the  reports  to  the  general  directory, 
and  the  appointment  of  members  under  the  same  instructions  as  those 
in  the  general  directory.  He  was  held  responsible  for  the  character 
and  efficiency  of  his  councillors,  the  effectiveness  of  the  pro- 
cedure, the  introduction  of  reforms,  suggestions  for  more  practical, 
plain,  and  accurate  commissions,  and  for  a wide  personal  knowledge 
of  his  jurisdiction. 


30. 


There  were  two  departments  in  each  chamber,  that  of  domains 
for  officials,  forests  boundaries  and  contributions;  that  of  war 
for  indirect  taxes,  commerce,  industry,  police,  and  military  af- 
fairs. At  the  head  of  each  was  a director,  the  oldest  being  vice- 
president.  Each  was  assisted  by  war  and  domain  councillors,  tax 
councillors  and  subordinate  officials. 

CENTRAL  ORGANIZATION,  1723-1740. 

Thus,  the  organization  of  the  general  directory  for  interior 
affairs  was  like  that  of  the  privy  council  during  the  first  decade 
of  the  Great  Elector.  Its  work  was  divided  on  two  bases,  subject- 
matter  where  no  conflicts  existed, and  territory  to  solve  problems 
of  conflict.  This  organization  remained  during  the  rest  of  the 
reign  substantially  as  first  created.  There  were  a few  modifica- 
tions. The  fifth  department.  April  5,  1739,  was  put  under  a jus- 
ticiar. A committee  was  organized,  October  31,  1724,  as  a court 
of  appeal  and  superior  revision  commission,  the  decisions  of  which 
were  reported  to  the  general  directory,  countersigned  by  the  min- 
isters, published,  and  enforced. 

Besides  the  general  directory  the  cabinet-ministry  and  the 
justice-ministry  were  especially  prominent  in  the  latter  part  of 
this  reign.  The  former  was  the  King  in  his  cabinet  for  the  con- 
sideration of  foreign  affairs  which  even  under  the  Great  Elector 
were  not  submitted  to  collegiate  discussion  in  the  privy  council. 
The  councillors,  three  in  number  after  1713,  were  known  as  cabi- 
net-ministers , their  jurisdiction  as  the  cabinet-ministry.  They 
opened  the  correspondence,  debated  the  business,  acted  as  inter- 
mediary between  the  King  and  the  foreign  envoys,  and  assumed  the 
responsibility  for  their  actions. 


■ 


31. 


The  justice-ministry  dates  from  the  appointment  in  July,  1737, 
of  Samuel  von  Cocceji,  chief- justice , and  minister  in  the  general 
directory.  He  nominated  to  vacancies  in  his  department,  assumed 
responsibility  for  the  administration  of  justice,  supervised  the 
various  courts,  called  up  cases  on  appeal  for  final  decision,  and 
presided  over  each  justice  college,  when  present.  Under  his  pre- 
sidency judicial  affairs  were  considered  by  the  privy  council, 
consisting  for  that  purpose  of  the  reporters  of  justice.  This 
college,  also,  considered  feudal,  dominion  and  such  grace  affairs 
as  did  not  come  before  the  King  in  cabinet. 

The  privy  council,  therefore,  as  a whole,  no  longer  possessed 
any  special  jurisdiction.  It  now  consisted  of  the  minister  of 
justice,  the  five  ministers  of  the  general  directory,  and  the  three 
cabinet  ministers.  Its  competence  extended  to  affairs  affecting 
more  than  one  of  the  three  organs  and  questions  of  jurisdiction. 
This  impaired  its  importance,  though  its  main  function  still  sub- 
sisted in  name  at  least.  It  was  a state  ministry,  embodying  the 
unity  of  the  state.  But  the  administrative  center  of  gravity  had 

passed  to  the  three  special  jurisdictions.  It  seemed,  as  Isaac- 
(15) 

sohn  says,  to  maintain  its  collegiate  constitution  according  to 
the  ordinance  of  1713,  since  at  times  all  members  in  Berlin  appear- 
ed for  joint  discussion  and  decision;  but  this  was,  to  a large 
extent,  a formality,  as  the  settlement  of  the  great  mass  of  vital 
government  business  occurred  elsewhere.  The  collegiate  ministry, 
supposed  to  have  been  created  by  making  the  heads  of  departments 
privy  councillors  for  the  discussion  and  decision  of  all  Impor- 
tant affairs,  was  constantly  violated  and  gradually  and  vitally 

15.  Isaacsohn,  Preusz.  Beamt,  III,  15-17. 


. 

s E 

■ 


■ 


32. 

impaired  by  the  personal  interference  of  the  King  for  the  quickest 
possible  settlement  of  business.  Then  each  ministry  was  burdened 
with  the  current  affairs  of  several  departments,  the  King’s  de- 
mands for  plans  of  reform,  and  execution  of  approved  projects  to 
such  an  extent  that  it  was  impossible  to  preside  over  a departmen- 
tal session,  report  the  business  transacted  to  the  King,  and  at- 
* tend  more  than  one  privy  council  meeting  a week. 

Moreover,  there  was  no  object  in  referring  to  the  privy  coun- 
cil, affairs  already  collegiately  considered  in  the  several  de- 
partments. Thus,  the  general  directory  especially  impaired  the 
Monday  morning  attendance  upon  the  privy  council.  Finally,  the 
subjects  of  discussion  were  much  less  numerous,  with  foreign 
affairs  being  considered  in  the  cabinet,  military  and  finance  in 
the  general  directory  and  cabinet,  there  was  left  to  the  privy 
council  only  feudal,  dominion,  grace,  boundary  affairs  and  those 
of  justice,  the  latter  being  mainly  decisions  on  appeals  from  pro- 
vincial courts.  A few  hours  usually  sufficed  for  the  presenta- 
tion, debate,  and  decision  of  thirty  to  forty  such  questions. 

The  King  seldom  presided.  In  fact,  the  privy  council  was  tending 
to  become  at  most  a department  of  justice  and  feudal  affairs,  its 
influence  upon  the  general  affairs  of  state  being  narrowed  to  de- 
cisions upon  matters  of  controversy  and  jurisdiction  between  two 
or  more  departments, 

TIME  OF  FREDERICK  II,  1740-86. 

(IS) 

Under  Frederick  II,  the  central  organization  remained,  in 

16 • Droysen,  Preusz.  Pol.*  V,  pt . 3,  26,  37; 

Bornhak,  Preusz.  Verwalt.,  II.  185-190;  Isaacsohn,  Preusz. 
Beamt.,  II,  211-253;  256-258;  286-288;  289-343;  360-393. 


..  . 

. 

pf 

' 

. 


* 


33. 


theory, - as- it  had  developed  under  his  predecessor:  the  cabinet, 

and  justice  ministries,  and  the  general  directory,  united  in  the 
privy  council  through  the  membership  of  the  ministers  therein. 

But,  in  fact,  great  changes  occurred  through  the  increasing  autoc- 
racy of  the  King,  the  importance  of  the  secretaries,  the  conse- 
quent subordination  of  the  ministers,  the  tendency  of  the  depart- 
ments of  the  general  directory  to  become  independent,  though 
Frederick’s  great  ability  and  close  attention  to  business  conceal- 
ed them.  Three  ministers,  two  for  foreign  and  one  for  imperial 
affairs , continued,  with  two  secretaries,  to  constitute  the  cabinet- 
ministry.  But  the  initiation  and  conduct  of  foreign  relations 
were  with  the  King,  and  his  cabinet- secretary,  or  councillor,  Eich- 
el,  the  sole  confident  on  important  matters.  The  ministers  were 
merely  the  executing  authorities,  carried  on  the  current  routine 
work  with  the  resident  and  Prussian  envoys,  and  occupied  a second- 
ary position,  often  acting  in  complete  ignorance  of  the  concurrent 
correspondence  of  the  King. 

The  justice-ministry  was  still  collegiate  under  the  presidency 
of  the  chief- just ice,  or  grand  chancellor,  also,  director  of  feudal 
and  provincial  affairs.  But  it  began  to  develope  independent  or- 
gans through  the  nomination  of  presidents  for  the  French  and  Luther- 
an superior  consistories  and  the  German  Church  directory  who  did 
not  report  to  the  collegiate  ministry,  though  considered  a part  of 
it;  but  acted  together  on  common  affairs,  as  an  independent  cen- 
tral organ.  Silesia  was  made  judicially  independent  in  1768.  On 
the  other  hand  there  were  placed  under  the  grand  chancellor  the 
commission  on  final  judicial  examinations  in  1755,  and  in  1781, 
the  law  commission,  to  prepare  new  laws,  give  an  authoritative 


■ 

•*- 


, ; 

■ 


34. 


interpretation  in  legal  controversies,  supervise  the  courts,  and 
render  opinions  on  new  laws. 

The  general-directory  consisted  at  the  beginning  of  the  reign 
of  four  departments  organized  according  to  provinces  or  subject- 
matter,  which  were  variously  extended  and  reorganized  to  meet  the 
needs  of  territorial  growth,  employ  effectively  special  talents 
and  promote  efficiency.  On  June  27,  1740,  commerce,  industry,  and 
intercourse  were  combined  into  a fifth  department  to  which  post 
and  electoral  Mark  affairs  were  added  in  1745  and  colonies  in  1747, 
being  from  1749  to  1764  directly  under  the  King,  acting  through  a 
privy  councillor.  In  March.  1742  Silesia  was  erected  into  a spe- 
cial department  under  a minister  and  a superior  president  with  two 
war  and  domain  chambers  at  Breslau  and  Glogau  and  corresponding 
justice  colleges  and  consistories  to  meet  the  needs  of  incorpo- 
ration into  the  Monarchy.  The  Silesian  ministry  was  co-ordinate 
with  that  of  the  general  directory  for  a few  days  conference 
at  the  end  of  each  year.  By  cabinet-order  of  February  8,  1746, 
magazine,  provisions,  mobilization,  quartering,  and  allowance  af- 
fairs were  combined  into  a sixth  department,  the  second  purely 
subject-matter  department.  The  first  four  departments  were  re- 
organized in  May,  1748,  partially  introducing  the  principle  of 
subject-matter  divisions.  Excise  and  customs  were  made  the  fourth 
department  in  1766,  and  mines  and  mining  a seventh,  May  9,  1768. 

In  1771  a special  forest  department  was  created  under  a chief 
forest  Master.  Later,  the  chief  revision  college,  the  examination 
commission,  and  the  building  department  were  placed  under  the  gen- 
eral directory. 

But  other  changes  were  going  on  in  the  general  directory. 


' 

. 


35. 


autocratic  and  bureaucratic  as  in  the  privy  council.  Individual 
subdepartments  tended  to  become  independent  central  organs  im- 
mediately under  the  King.  Collegiate  deliberation  suffered  from 
the  pressure  of  business  and  the  defects  of  organization.  The 
general  sessions  were  primarily  to  settle  jurisdictional  conflicts, 
though  subjects  involving  more  than  one  department  were,  often, 
considered  and  settled  by  the  interested  departments.  Conflicts 
were  arising  out  of  the  two  bases  for  the  division  of  business, 
the  uncertain  relations  between  the  departments  and  the  war  and 
domain  chambers . 

The  autocratic  influences  were,  also,  great.  The  King  mas- 
tered and  supervised  everything,  furnished  the  motive  force,  the 
knowledge  of  affairs,  and  the  inspiration  for  all  branches  of  ad- 
ministration. He  was  the  point  of  connection,  the  central  force, 
the  responsible  head  of  the  state;  his  own  minister  in  most  de- 
partments, directly  instructing  the  superior  authorities,  and  re- 
ceiving their  proposals  and  expressions  of  opinion.  In  some  de- 
partments he  took  charge.  His  relation  to  the  personal  of  his 
government  was  close  and  critical.  Nothing  escaped  him,  from  the 
activity  of  the  chambers  and  departmental  councillors  to  the  most 
insignificant  irregularity  of  an  official.  The  current  condition 
of  the  financial  administration  of  each  province  came  under  his 
observation  and  insight  through  the  monthly  reports  of  the  chamber- 
presidents,  his  constant  direct  correspondence  with  them,  and  his 
numerous  visits.  Moreover,  the  long  absences  of  the  King  operated 
equally  to  render  ineffective  any  collegiate  organization  or  dis- 
cussion, either  in  the  general-directory  or  the  privy  council. 

The  privy  council  still  existed,  but,  as  an  active  administra- 


■ 


36 . 

tive  organ,  had  been  rendered  ineffective  by  the  strong  development 
of  autocratic  and  bureaucratic  influences.  As  a theoretical  union 
of  the  various  administrative  organs  it  was  still  referred  to  and 
occasionally  called  into  quasi-action.  But  its  functioning  was 
abortive.  Without  a decisive  reaction  in  its  favor,  involving  a 
complete  reorganization  of  the  administrative  system,  there  seemed 
little  hope  of  its  revival;  for  a strong  able  King  could  do  with- 
out it,  and  the  attempt  of  a weak  incapable  ruler  to  restore  it 
would  depend  so  much  on  circumstances,  not  the  least  of  which  were 
personal,  that  his  success  would  be  uncertain. 

FREDERICK  WILLIAM  II  AND  HIS  SUCCESSOR,  1786-1807. 

(17) 

In  the  reigns  of  Frederick  William  II  and  III  the  tendencies 
in  the  development  of  the  central  administration  became  very  ap- 
parent, as  both  were  wholly  incapable  of  controlling  the  continued 
disintegration  of  the  various  organs  of  authority  and  preventing 
the  transference  of  the  center  of  gravity  from  the  King  to  the  small 
group  of  secret  advisers,  who  had  been  the  means  of  communication 
between  Frederick  and  his  ministers.  This  sinister  development 
was  the  worst  defect  of  that  system  which  had  gradually  eliminated 
any  organized  unity  other  than  that  of  a masterful  able  King  at 
the  head  of  the  state.  Theoretically,  the  privy  council  continued 
to  be  the  sole  organ  of  the  central  administration;  but  in  reality 
it  had  disintegrated  into  three  practically  independent  authorities: 
the  cabinet -minis try,  general-directory,  and  ministry  of  justice. 

The  first  continued  in  charge  of  the  routine  duties  of  for- 
eign affairs,  and  kept  in  touch  with  the  envoys  at  home  and  abroad; 
but  the  King  alone,  or  in  conference  with  one  or  more  of  his  cab- 
17.  Bornhak,  Preusz.  Verwalt,  II,  309-313. 


# 


37. 


inet-secretaries  conducted  the  foreign  policy.  The  general-direc- 
tory still  presented  a semblence  of  collegiate  action  in  its  week- 
ly discussion  of  general  financial  affairs  and  those  concerning 
more  than  one  department,  leaving  all  other  affairs  to  independent 
departmental  responsibility.  Then  the  attempted  coordination  of 
provincial  and  subject-matter  departments,  tended  to  destroy  the 
unity  of  administration,  create  endless  conflicts  of  jurisdiction, 
and  embarrass  the  subordinate  authorities,  especially  the  war  and 
domain  chambers.  Finally,  the  tendency  to  disintegration  was  ac- 
celerated through  the  creation  of  the  Silesian  ministry  till  Dec- 
ember 3,  1799;  the  separation  of  the  two  Frankish  principalities 
in  1795  under  Hardenberg;  the  union  of  South  Prussia  with  the 
Silesian  ministry,  till  December  12,  1798;  the  assumption  by  the 
central  authorities  of  the  independent  administration  of  the  gen- 
eral salt  monopoly  from  1796  to  1805;  the  chief  bank  directory, 
general  lottery  and  post-office  to  April  13,  1799;  the  superior 
war  college,  account  chamber,  and  general  road  department. 

These  grave  defects  did  not  escape  the  notice  of  Frederick 
William  II  and  his  successor.  The  former,  with  the  best  inten- 
tions, but  waning  zeal,  attempted,  immediately  upon  his  accession, 
to  restore  the  organization  of  the  general-directory,  revive  col- 
legiate discussion  of  all  important  matters,  and  reduce  minister- 
ial burdens  by  according  the  provincial  authorities  greater  inde- 
pendence . The  King  was  to  approve  all  fundamental  decisions, 
budgetary  and  other  financial  matters  above  a certain  minimum;  to 
decide  all  ministerial  differences  of  opinion  and  summon  the  con- 

18.  Instructions,  August  28,  1786. 


* 

. - 


■ 


38. 


ferences.  Some  attempt  was  made  to  simplify  the  department  di- 
visions. There  were  eight  departments,  five  provincial  and  sub- 
ject-matter, and  three  subject-matter.  Under  Frederick  William  III, 
(19) 

it  was  prescribed  that  the  weekly  meetings  of  the  full  membership 
of  the  general-directory  should  consider  general  affairs  and  mat- 
ters involving  more  than  one  department. 

Despite  these  reforms  the  general-directory  had  become  by 
1806  very  unwieldy  and  rather  inefficient.  It  consisted,  prim- 
arily, of  six  departments,  three  subject-matter  and  three  provin- 
cial. Connected  with  it  as  a whole,  were  the  building  department, 
the  chief  examination  commission  for  higher  administrative  officials 
the  chief  forest  examination  commission,  general  lottery  adminis- 
tration, the  directories  for  marine  affairs  and  general  coinage,  the 
chief  map  and  stamp  chamber,  the  superior  revision  college  and  de- 
putation, and  the  commission  for  decision  of  jurisdictional  con- 
flicts. There  were,  lastly,  under  the  guidance  of  individual  min- 
isters, the  supreme  college  of  medicine,  sanitation,  the  general 
post-office,  and  chief  bank  presidency. 

The  justice -minis try  still  consisted  of  the  chief- justice, 
and  three  justice-ministers.  To  the  chief- justice,  or  chancellor, 
pertained  superior  control  of  all  affairs  of  justice,  the  nomina- 
tion of  the  department's  officials,  concurrent  supervision  of  the 
administrative  courts,  the  current  chief  provincial  administration 
of  justice  the  presidency  of  the  law  commission  for  the  consider- 
ation of  new  laws  and  doubtful  interpretation,  and  of  the  immedi- 
ate justice  examination  commission  for  higher  judicial  positions. 


19.  Instruction,  March  19,  1798. 


' 

. 

. .. 


T 


39. 

The  first  minister  of  justice  had  charge  of  feudal  affairs,  and  the 
superior  current  administration  of  justice;  the  second  and  third 
looked  after  church  affairs,  except  the  Lutheran  schools  which  were 
directly  under  the  King,  in  addition  there  were  three  special 
jurisdictions:  the  superior  presidency  for  the  judicial  system  of 

Silesia;  the  temporary  local  judicial  officials  in  Prance  and  South 
Prussia;  and  the  military  justice  department,  consisting  of  the 
Grand-Chancellor,  the  chief  of  the  military  general  direction  de- 
partment, and  one  of  the  justice- ministers  for  church  affairs. 

THE  CABINET  COUNCIL. 

But  another  administrative  organ  was  emerging  to  an  important 
place  in  the  central  system.  The  most  serious  defect  here  was  the 
lack  of  unity  and  responsibility.  These  had  been  sought  in  the 
privy  council  before  it  went  to  pieces  in  attempting  to  meet  the 
exacting  demands  of  territorial  growth,  foreign  complications,  and 
domestic  problems.  With  the  consequent  multiplication  of  depart- 
ments and  the  increasingly  independent  relation  of  each  with  the 
King,  the  ministers  were  more  and  more  confined  to  routine  work  and 
isolated  from  the  head  of  the  state,  with  whom  communication  was 
maintained  through  the  cabinet-secretaries.  These  were  the  secre- 
taries with  whom  the  King  was  wont  to  confer  in  the  cabinet-minis- 
try on  ma^ters  of  foreign  policy.  Their  employment  having  proven 
satisfactory  in  managing  foreign  relations,  it  was  extended  to 
other  branches  of  the  administration  and  gradually  displaced  the 
direct  relation  of  the  ministers  to  the  King.  Under  a strong  King 
the  power  of  the  secretaries  was  subservient  to  the  head  of  the 
state,  but  a weak  King  was  dominated  by  them.  All  decisions  came 
to  be  made  in  the  cabinet  on  their  advice,  although  they  assumed 
no  responsibility  commensurate  with  their  great  power. 


' 


40. 


In  the  course  of  time  under  weak  monarchs  they  became  dif- 
ferentiated from  the  cabinet -minis try  as  an  independent  adminis- 
trative organ  without  legal  standing,  the  cabinet-council.  They 
partially  met  the  demands  for  concentration  and  unity,  which  were 
lacking  in  the  absence  of  a well  organized  privy  council,  or  a 
strong  King.  They  took  the  initiative  in  state  affairs,  determin- 
ed all  matters  of  public  policy.  But  the  execution  of  such  meas- 
ures and  the  responsibility  therefor  were  put  upon  the  ministers, 
who  were  remanded  to  a secondary  position,  communicated  with  the 
King  in  writing  only,  and  had  nothing  to  do  with  matters  of  policy 
as  such,  in  this  manner,  therefore,  a vicious  institution  had 
grown  up  which  was  serving  to  fill  the  real  need  of  unity,  its 
weakness  was  the  strong  organization  of  the  central  administrative 
authorities,  and  the  inferior  position  of  the  cabinet-secretaries 
themselves.  Yet  it  might  show  the  way  for  a better  institution, 

if  constructive  statesmanship  should  have  to  do  with  reforming  the 
government . 

THE  DEMAND  FOR  REFORM. 

But  the  government  was  not  the  only  institution  needing  re- 
form. The  whole  Prussian  state,  social  and  economic,  as  well  as 
political,  needed  a drastic  and  thorough  going  over  to  bring  it 
abreast  of  the  times.  France,  through  its  revolution,  was  setting 
the  standard  and  sending  out  its  disturbing  influences  throughout 
Europe.  Silesia  and  the  Prussian  provinces  were  responding  to 
them  with  insistent  demands  for  the  amend  of  deepseated  and  long 
persistent  abuses.  These  were  primarily  social  and  economic;  but 
a few  demands  were  for  governmental  changes  in  the  broad  sense  of 
the  term.  At  the  accession  of  Frederick  William  II,  in  1787,  the 


■ 


41. 


call  to  render  homage  gave  an  opportunity  to  the  provinces  to  ex- 
press through  their  estates  or  special  envoys  their  demands  for  re- 
form. 

(20) 

In  East  Prussia  the  diet  set  forth  a comprehensive  program 
of  popular  participation  in  government  affairs.  The  estates  should 
be  empowered  to  exercise  control  in  public  affairs  and  make  known 
their  complaints.  Circle  diets  were  to  meet  every  year  and  pro- 
vincial every  three  years;  both  were  to  have  permanent,  standing 
committees,  the  latter  meeting  monthly  and  keeping  in  constant 
correspondence  with  the  former.  Of  these  demands  only  the  perma- 
nent standing  provincial  committee  was  granted.  There  arose  also 

4 4.V.4  4 (21) 

In  this  reign  a demand  for  a constitution. 

(22) 

When  Frederick  William  III  became  King,  the  East-Prussian 
diet  again  set  forth  a series  of  reforms.  None  were  political, 
though  suggested  by  the  King's  request  for  the  incorporation  of  the 
patrimonial  jurisdiction  into  his  new  system  of  circle  courts. 

But  they  show  that  the  province  was  alive  to  the  needs  of  the  times 
and  not  discouraged  by  any  rebuffs  from  the  government.  Another 
source  of  social  and  economic  suggestion  was  the  King's  finance 
commission.  Furthermore,  the  West,  South,  and  New  East  Prussian 
provinces,  through  their  representatives  at  Koenigsberg  to  do  hom- 
age, approved  in  part  of  the  demands  of  East  Prussia.  The  same 

( 23 ) 

social  and  economic  unrest  appeared  among  the  peasants,  coming  to 
violent  action  in  Silesia  in  1793  and  1803.  Lastly,  the  citizens 

20.  Lehmann's” Stein"  II,  44. 

21.  Ibid.,  34. 

22.  Ibid.,  45  ff. 

23.  Ibid.,  51. 


- 


42. 


of  Memel,  Thorn,  Potsdam,,  etc.,  were  demanding  the  restoration  of 

especially  in  urban  financial  affairs. 

( 24 ) 

Despite  these  evidences  of  an  intense  desire  for  reform, 
Frederick  William  III  and  his  cabinet  held  to  the  traditional  the- 
ory of  the  state,  autocratic  and  patriarchal.  Peasant  emancipa- 
tion on  the  domains  was  limited,  general  abolition  of  hereditary 
serfdom  was  opposed,  admission  of  citizens  to  the  provincial  diets 
reiused,  and  education  held  in  disfavor.  The  ministerial  depart- 
ments were  even  more  conservative,  especially  in  respect  to  the 
emancipation  of  the  hereditary  serfs,  abolition  of  the  Guilds,  and 

participation  of  the  estates  in  administration.  Further  the 
( 26 ) 

bureaucracy  was  in  process  of  deterioration.  For  discipline,  loy- 
alty, disinterestedness,  industry  and  order,  there  was  much  igno- 
rance, indolence,  corruption  and  inability.  Positions  were  treated 
as  if  requiring  just  enough  work  to  secure  the  stipulated  pay,  pro- 
motions, titles,  and  salary  increases. 

The  ultimate  overthrow  of  such  a system  was  due  to  the  logic 
of  events.  Autocracy  was  more  fictitious  than  real.  The  legal 
relation  between  noble  landowner  and  peasant,  common  possession 
and  villainage,  tended  to  disappear  with  the  use  of  money  payments, 
the  encumbrance  and  sale  of  estates,  and  the  exchange  of  sovereign 
and  patriarchal  rights.  This  same  process,  also,  affected  the  claim 
of  the  noble  to  freedom  from  taxes,  based  on  cavalry  service  and 
monopoly  of  offices.  Industry  exceeded  the  bounds  of  the  city; 
citizen  and  peasant  were  admitted  to  a share  in  government.  This 
development  was  but  hastened  by  the  disasters  of  Jena  and  Auerbach. 
27.*  Ib^??n5.5”Steln',f  11 ' svr'lir^bidireo"  26.  Ibid.,  53. 


. 


. 


■ 


43. 


CHAPTER  III — PRUSSIAN  STATESMANSHIP. 


DEPARTMENT  OF  MINES  AND  MINING. 

Stein  entered  the  Prussian  service  in  1780.  After  four  years 

in  the  Mines  and  Mining  department  of  the  general-directory  under 

Heinitz  in  Berlin,  he  went  to  Westphalia,  as  director  of  the  mining 

administration,  where  he  served  for  twenty  years  as  director  pre- 

(1) 

sident,  and  superior-president.  Meanwhile,  he  kept  in  touch  with 
Berlin  through  his  seat  and  vote  in  the  general-directory  in  the 
deliberations  of  which  he  took  part  the  first  of  the  year.  His 
local  jurisdiction  covered  the  whole  group  of  Westphalian  provinces, 
in  each  of  which  he  introduced  and  distributed  the  business,  de- 
cided in  cases  of  tie,  countersigned  all  decisions,  supervised  the 

( 2 ) 

revenue  and  made  and  submitted  at  Berlin  an  annual  budget.  In  the 
meantime  Stein  was  in  many  ways  affected  by  the  French  Revolution. 
The  Prussian  lands  west  of  the  Rhine  were  lost  by  annexation.  The 
campaigns  against  France  imposed  much  extra  work.  The  substitu- 
tion treaty  of  May  23,  1802,  added  new  land  to  be  organized.  In 
all  this  work,  Stein  faithfully  and  ably  discharged  his  duties,  till 
his  return  to  Berlin  as  minister  in  the  general-directory  in  1804. 
department  of  excise  and  factory,  then  of  bank,  marine,  and  salt. 
INFLUENCE  OF  THE  CENTRAL  GOVERNMENT. 

Although  during  these  twenty-four  years  Stein’s  main  con- 

* 

cern  was  with  administrative  measures,  yet  he  was  compelled  to  con- 

1.  ------- 

Lehmann's  "Stein",  I,  Inhalt.  2.  Ibid.,  I,  55.  3.  Ibid.,  I, 

160,  167,  234,  236,  241,  377. 


, 


44. 


C8Pn  himself  somewhat  with  the  general  organization  of  the  govern- 
ment, and  the  part  the  people  might  have  in  the  admini strati on. 

His  experience  with  the  central  administration  previous  to  1796 
gave  him  no  great  confidence  in  accomplishing  much  in  his  greatly 
increased  work  and  responsibility,  even  through  the  support  of 
Heinitz,  a situation  he  attributed  to  the  unworthy  place  of  the  min- 
isters in  respect  to  the  King's  cabinet.  To  his  brother,  February 
8,  1797,  he  expressed  his  opinion  that  the  ministers  were  limited 
to  the  role  of  first  commissioners  or  clerks.  Their  position 

lacked  respect,  and  the  business  of  government  lacked  unity,  which 

(4) 

conditions  were  in  the  highest  degree  inimical.  His  experience 
with  local  affairs  led  him  to  the  question  of  simplifying  govern- 
ment methods.  In  one  of  his  instructions,  as  superior-president 
of  Minden,  he  sets  forth  its  advantages.  Supervision  will  be 
easier,  public  officials  less  burdened  by  formalities  and  unneces- 
sary detail;  attention  centered  upon  subjects  of  general  interest; 

and  fewer  officials,  better  chosen,  and  more  adequately  compensated, 
will  be  needed. 

POPULAR  PARTICIPATION  IN  GOVERNMENT. 

Probably,  Stein's  most  valuable  experience  was  with  the  es- 
tates, especially  those  of  Cleves-Mark,  in  ?/hich  nobles,  cities 
and  peasants  were  all  represented,  the  first  having  the  majority, 
and  precedence  in  the  deliberations.  There  were  periodic  sessions, 
foi  the  grant  of  taxes  and  the  making  of  laws,  an  annually  elected 
deputation  for  current  matters.  As  first  director  of  the  Cleves 
chamber  in  1788,  and  first  assembly  commissary  Stein  had  daily  oper- 

4.  Lehmann’s  "Stein",  I,  175.  5.  Ibid.,  I,  226. 


. 


. 


45. 


ation,  experience,  and  work  with  popular  government,  in  such  mat- 
ters as,  fortifications,  military  quotas,  excise,  roads,  compul- 
. ( 6 ) 

sory  industrial  activity,  etc.  Here  he  began  to  form  his  views 
on  the  composition  and  competence,  the  rights  and  duties,  and  the 
relation  of  the  estates  to  the  bureaucracy,  the  people,  and  the 
province  more  clearly  and  definitely  than  on  any  other  of  his  four 
points  in  this  period. 

An  estates  assembly  should  be  composed  of  large  land-holders, 

noble,  citizen,  peasant,  since  such  are  influential  and  bound  to 

(7) 

the  state  by  indissoluable  bonds.  "The  representation  should  be 
not  very  powerful  nor  numerous  nor  hard  to  influence."  There  should 
be  an  upper  chamber  of  state  officials,  paid  and  permanent!  As 
to  competence  he  makes  no  objection  to  the  grant  of  taxes,  creation 
of  funds,  auditing  of  accounts,  participation  in  lawmaking,  and 
representation  on  official  boards  as  exercised  at  Muenster  and 
Paderborn.  To  Sack  he  writes  that  the  estates  must  not  be  adminis- 
trators, but  control,  and  act  as  a source  of  information.  Else- 
where he  says  that  the  creation  of  provincial  boards  and  the  divi- 
sion of  business  among  them  is  the  uncontested  right  of  the  ruler. 

In  an  official  report  just  before  leaving  Muenster  in  1804  he 
mentions  new  provincial  legislation,  extraordinary  monetary  needs, 
representations  concerning  corporations  and  provincial  affairs, 
and  the  management  of  certain  administrative  branches!  The  con- 
tested point  seems  to  be  participation  in  administration  which  he 
is  inclined  to  concede. 

6.  Lehmann’s  "stein",  X,  97  253.  8.  Ibid.,  II, 

217. 


9.  Ibid.,  I,  253. 


46. 


The  estates  were  to  occupy  a highly  useful  and  necessary  po- 
sition in  the  state.  They  were  to  inspire  a common  spirit  of  co- 
operation in  the  well-being  of  the  whole  community,  to  lay  before 
the  government  the  wishes  and  needs  of  the  governed^  and  to  have 
the  initiative  in  matters  of  national  desire  and  need!  One  of  the 
main  reasons  for  their  existence  lay  in  their  relation  to  the  bu- 
reaucracy, as  explained  by  Stein  in  his  program  of  1902,  and  let- 
ters to  Schulenberg  and  Sack.  Through  them  the  administration  was 
to  win  confidence,  secure  a legal  source  ^of  information  on  local 
affairs  and  method  of  broadening  its  views,*  administrative  action 
was  to  be  rendered  more  effective  and  energetic;  the  means  was  to 
be  furnished  of  acquainting  the  inhabitants  with  the  spirit  and 
purpose  of  its  measures,  of  acquiring  and  using  the  knowledge  and 

experience  of  the  great  land-holders  and  business  men,  and  of  en- 

n.  ^ „ (13,  14,  15.) 

listing  the  aid  of  public  opinion. 

MINISTER  AT  BERLIN. 

When  Stein  left  Westphalia  for  Berlin  as  minister,  he  ex- 
changed an  intimate  contact  with  the  estate’s  assembly  for  a closer 
view  of  the  central  government  and  its  serious  defects.  These  ad- 
ministrative difficulties  were  complicated  by  a rapidly  developing 
menace  from  abroad.  By  the  treaty  of  Basil,  1795,  Prussia  had  as- 
sumed and  was  maintaining  a neutral  position  in  the  struggle  be- 

( 16 ) 

tween  France  and  Europe.  The  French  Republic  had  yielded  to  the 
consulate  and  the  Empire;  Austria  had  signed  at  Campo  Formio,  1797, 


10.  Lehmann's  "Stein"  II  217,  218.  11.  Ibid.,  II,  419. 

I 'olq^d;’  h 2®?-  B13-  14.  Ibid.,  I,  262.  15.  Ibid., 

Ll&I™h  "StIin"rTZi67ahrbUe°her-  29’  1872’  338’  333> 


. 


. 


47. 


(17) 

and  Luneville,  1801;  the  substitution  treaty  had  been  accepted;  and 

Napoleon’s  attack  on  England  was  resolving  itself  into  a campaign 

(13) 

against  Austria  and  Russia.  Pitt  was  fanning  the  third  coalition. 

Great  pressure  was  being  brought  to  bear  upon  Prussia  to  join,  es- 

(19) 

pecially  by  the  Czar  when  in  Berlin,  October  25,  1805.  But  Haug- 
witz  had  in  view  armed  mediation  between  Napoleon  and  the  coali- 
tion, as  expressed  in  the  Treaty  of  Potsdam,  November  3,  1805. 

Then  came  Austerlitz,  December  2,  and  the  humiliation  of  Schoen- 

( 21 ) 

brunn.  In  February  the  treaty  of  Paris  definitely  set  Prussia 

(22) 

against  England,  and  brought  her  within  the  English  blockade.  July, 

(23) 

1806,  Napoleon  formed  the  Rhenish  Confederation.  Prussia’s  posi- 
tion became  continually  more  compromising,  till  it  was  rendered 

untenable,  and  isolated  and  unsupported  she  went  down  at  Jena  and 

(24) 

Auerstadt,  October  14,  1806.  The  King  fled  eastward;  the  system 

of  Frederick  II  collapsed;  garrisons  surrendered,  officials  took 

an  oath  to  Napoleon,  the  larger  part  of  the  Prussian  territory 

paid  expenses  of  occupation  and  special  war  contributions.  Stein 

did  what  he  could  to  preserve  the  property  of  the  Government,  then 

retired  to  Danzig.  Negotiations  were  opened  for  an  armistice  and 
( 25 ) 
peace . 

Finally,  an  armistice,  negotiated  by  Lucchesini  and  Zastrow 

at  Charlottenburg , November  16,  1806,  was  submitted  for  ratifica- 
(26)  (27) 
tion.  At  the  ministerial  conference  at  Osterode,  November  21,  1806, 


Lehmann ' s 

"Stein 

",  I 

, 234 

236,  241. 

18 

. Ibid. 

, I 

, 377 

Ibid.,  I, 

388. 

20. 

Ibid. , 

I,  390. 

21. 

Ibidl, 

I, 

395. 

Ibid.,  I, 

398. 

23. 

Ibid., 

I.  415. 

24. 

Ibid., 

I, 

430. 

Ibid.,  I, 

432  . 

26. 

Ibid. , 

I,  436. 

27. 

Ibid., 

I, 

437. 

' 


' 


48. 


it  was  supported  by  all  save  Stein  and  Vosz  with  Beyine  and  Koeck- 
ritz,  with  whom  the  King  sided.  The  main  objection  was  the  fail- 
ure to  guarantee  the  Kingdom  of  Prussia.  The  King  now  repudiated 

Haugwitz  and  his  policy  and  opened  negotiations  with  St.  Peters- 
(28) 

burg  and  Vienna.  The  post  of  foreign  minister  was  offered  to 

Stein,  to  be  twice  refused  on  account  of  a consciousness  of  his 

unfitness  for  the  place  and  of  seeming  to  endorse  a system  of  gov- 

(29) 

ernment  he  had  denounced  without  much  hope  of  change. 

NEGOTIATIONS  FOR  REFORM. 

Through  Niebuhr,  December  3,  Stein  presented  to  the  King 
his  memoranda  of  April  27,  1806,  and  suggestion  of  the  foreign 
ministry  for  Hardenberg.  Negotiations  followed  for  a council  of 
ministers.  The  King  offered,  December  10,  a compromise  council 
of  three  members  with  a cabinet- councillor  as  secretary.  Stein 
was  joined,  December  14,  in  further  explanations  by  Hardenberg 
and  Rue che 1 . On  the  same  day  the  foreign  ministry  was  offered  Har- 
denberg who  endorsed  the  council  of  three,  without  the  cabinet- 
councillor.  This  stand  meeting  the  approval  of  Stein  and  Ruechel 

arraigned  them  with  Hardenberg,  supported  by  the  Czar,  against 

(30) 

Haugwitz,  Lombard,  and  Beyme , with  the  odds  in  favor  of  the  former, 
when  Zastrow  arrived,  December  17,  with  new  proposals  from  Napoleon, 
prejudicial  to  Hardenberg.  Under  this  influence  and  that  of  the 
cabinet-councillors  Hardenberg  was  rejected  as  a member  of  the 
council.  Stein  then  declared  against  the  cabinet's  underhand  in- 
fluence, for  the  inclusion  of  Hardenberg  in  the  council,  and  the 
_4  . (31) 

dismissal  of  Haugwitz,  Lombard  and  Beyme. 

28.  Lehmann's  "Stein",  I,  440.  29.  Ibid.,  I,  442. 

30.  Ibid.,  I,  442-45.  31.  Ibid.,  I,  445,  *46. 


f 


■ 


' 


STEIN'S  DISMISSAL. 

The  instruction  for  the  council  was  drawn  up  December  17,  1806 
the  establishment  occurred  two  days  later,  associating  Zastrow, 
as  minister  of  foreign  affairs,  with  Ruechel  and  Stein;  Beyme  be- 
came secretary  with  limited  functions.  December  20,  Stein  refused 
a place  on  the  council  under  such  arrangements,  the  ?/hole  question 
turning  on  the  retention  or  dismissal  of  Beyme,  as  embodying  the 
ideas  of  cabinet  government  and  French  alliance.  The  King  refusing 
Stein's  resignation,  summoned  him  in  vain  to  a meeting  of  the  coun- 
cil to  consider  a certain  payment  to  Napoleon,  ordered  by  the  King 
without  Stein's  knowledge.  His  persistent  refusal  of  membership 
in  the  council  brought  upon  him,  January  3,  1807,  a severe  repri- 
mand from  the  King,  to  which  he  took  exception.  Thereupon,  the 
King  impatiently  dismissed  him  from  his  service,  January  4,  1807  • 
THE  MEMORANDA  OF  APRIL  27,  1806. 

Thus,  the  some  three. years  of  his  first  ministry  came  to  an 
abrupt  end  under  regretable  circumstances;  yet  not  unfruitful,  even 
if  the  severance  had  been  permanent.  For,  the  fundamental  defect 
in  the  Prussian  system  of  government,  with  a remedy,  had  been  point- 
ed out,  discussed,  and  partly  effaced.  Though  small  headway  had 
been  made,  nevertheless  that  was  fundamentally  sound.  Three  sources 
exist  on  the  reforms  necessary  to  make  the  government  effective: 
the  memoranda  of  April  27,  1806,  negotiations  with  the  King  and 
Beyme,  and  his  joint  explanation  with  Ruechel  and  Hardenberg.  The 

first,  within  two  days  after  the  ministerial  conference  on  the  im« 

( 33 ) 

pending  destruction  of  Prussia,  briefly  discusses  cause  and  remedy. 
32.  Lehmann's  "Stein,"  I,  445-52.  33.  Ibid.,  I,  401. 


. 


- 


The  government  has  its  foundation  in  the  privy  council.  This  was 
superceded  by  the  favorites  under  Frederick  William  II  and  the 
cabinet-secretaries  under  Frederick  William  III.  The  ministers 
propose  and  execute,  responsible  without  power,  the  cabinet  has  all 
power,  with  no  legal  or  public  recognition  nor  responsibility. 

The  former's  dependence  on  the  latter  impairs  their  sense  of  honor 
and  duty  and  renders  impossible  united  action,  subordination  and 
obedience.  The  royal  decisions  are  prejudiced  by  a too  narrow  en- 
vironment  of  inferior  quality. 

The  remedy  is  an  immediate  connection  between  King  and  minis- 
ters, legally  and  publicly  chosen,  definitely  organized,  and  res- 
ponsible;  each  over  one  of  the  five  ministries  of  war,  foreign  af- 
fairs, general  police,  public  income,  and  justice;  tranacting  daily 
public  business  under  the  King's  presidency  and  jointly  advising 
him  on  all  previously  discussed  public  policies;  signing  and  sever- 
aily^executing  the  cabinet  orders,  prepared  by  the  cabinet-council- 
lors. Thus,  stein  correctly  points  out  the  difficulty  and  a work- 
able remedy;  but  is  inaccurate  in  the  importance  given  the  privy 
council  and  the  causes  of  Its  decline.  These  date  back  to  the  time 
Frederick  II  or  earlier,  the  autocratic  and  bureaucratic  forces 
always  antagonistic  to  collegiate  organization. 

The  negotiations  with  the  King  and  Beyme  deal  with  the  evils 
of  the  cabinet,  and  the  effectiveness  of  a ministerial  conference 
to  restore  government  efficiency,  especially  in  his  answers  to 
Beyme 's  offer  of  the  foreign  ministry,  November  29,  1306,  and  his 
Plan  of  a ministerial  00^f^e, ^December  10.  The  responsiveness 

34,  Pertz-Stein,  I,  333-37;  Lehmann's  "Stein,"  I,  401-405. 


. 


. I ■> !t  ';t 


51. 


of  the  ministers  to  the  changes  of  public  opinion  is  the  only  new 

idea.  A certain  conformity  to  this  influence  is  considered  a de- 

(35) 

sirable  quality  to  cultivate  by  ministerial  encumbents. 

EXPLANATIONS  OF  STEIN,  RUECHEL,  AND  HARDENBERG. 

In  the  explanations  of  Stein’s  reform  made  the  King,  December 
14,  1806,  by  him  with  Ruechel  and  Hardenberg,  the  object,  respon- 
sibility, jurisdiction,  organization,  and  order  of  business  of  the 

(36) 

council  of  state  is  set  forth  in  more  detail.  The  suggested  re- 
organization is  to  make  the  King’s  duties  easier,  introduce  sim- 
plification, and  unity  into  the  administration,  attain  rapidity 
in  the  execution  of  important  measures,  create  confidence  at  home 
and  abroad  and  respect  for  the  King,  and  secure  his  independence 
and  the  affection  of  his  subjects.  The  ministers  are  to  be  held 
responsible  for  all  matters  requiring  joint  consultation  and  the 
King's  assent,  either  of  their  own  or  other  departments.  The  coun- 
cil is  to  consist  of  three  ministers,  war,  finance  and  interior, 
and  foreign  affairs,  or  more  at  the  King's  "discretion",  who  are 
to  keep  in  constant  touch  with  him,  except  on  journeys,  when  one  on- 
ly is  to  accompany  him;  of  substitutes  chosen  by  each  minister  in 
case  of  absence ; other  officials  and  councillors  and  persons  oc- 
casionally summoned  by  King  or  minister  as  desired. 

All  affairs  must  come  finally  before  the  council,  except  those 
of  justice  which  may  be  presented  to  the  minister  of  interior  and 
finance.  All  questions  of  procedure,  legislation,  and  important 
royal  instructions  must  first  be  considered  by  the  three  ministers. 
Those  matters  needing  the  royal  assent,  are  to  be  presented  to  the 

35.  Pertz-Stein,  I,  349;  365;  366-68;  371;  376,  377;  386,  390;  566, 
567.  36.  Vorschlaege — Pertz- -Stein,  I 377-381. 


■ 


52. 


King  at  a regular  or  special  time,  determined  by  him,  by  the  min- 
ister having  them  in  charge  in  the  presence  of  the  others.  Mat- 
ters that  need  preparation  or  further  consideration  by  the  higher 
officials,  or  immediate  action,  are  to  be  discussed  and  assigned  by 
the  council  itself.  All  exclusively  departmental  affairs  must  be 
considered  in  respect  to  the  affairs  of  the  other  departments. 

NASSAU  MEMORANDA,  1807. 

After  his  dismissal,  Stein  returned  home,  still  thinking  over 
the  question  of  reform.  The  time  was  critical.  Old  Prussia  had 
received  a mortal  blow.  The  ground  was  clearing  for  new  institu- 
tions, though  only  a fraction  of  the  territory  remained.  Under  such 
circumstances  Stein  further  developed  his  ideas  in  a document,  "Con- 
cerning the  Practical  Formation  of  the  Superior  and  Provincial  Fi- 
nance and  Police  Offices  in  the  Prussian  Monarchy,"  a most  notable 

work,  though  containing  no  complete  program  of  administrative  re- 
(37) 
form. 

A responsible  council  of  state  is  to  be  substituted  for  the 

cabinet,  in  constant  touch  with  the  King,  the  point  of  union  of  the 

(38) 

various  administrative  branches.  Centralization  is  further  to  be 

realized  in  a general  state  treasury  under  a special  minister  for 

, „ (39) 

income  and  expenditure,  and  ministerial  credits.  Special  emphasis 

is  placed  upon  the  proper  division  of  the  state’s  business  into  de- 
partments on  the  basis  of  subject-matter.  This  would  improve  ex- 
isting arrangements,  procure  more  able  men,  make  the  point  of  view 
more  comprehensive  and  the  knowledge  of  principles  more  thorough 
and  uniformity  more  prevalent,  centralize  the  initiative  and  direc- 

37  Lehmann's  "Stein",  II,  65.  38.  Zweck.  Bild.,  Pertz,  I,  415. 

39.  Ibid.,  422-24. 


.25 


53. 


tion  of  affairs,  and  create  institutional  unity  independent  of  the 
King.  In  the  examination  of  existing  arrangements  such  improve- 
ments are  suggested  as  the  separation  of  worship  and  education,  the 

independent  administration  of  justice,  and  the  substitution  of  cir- 

„ (40) 

cle  courts  for  pa.trimon.ial,  domain,  and  city  courts. 

In  discussing  provincial  administration,  Stein  approves  the 
variety  in  it.  the  chambers  aided  by  estates,  the  whole  administra- 
tion under  provincial  colleges,  with  the  estates  as  members,  the 
participation  of  property  owners  in  the  administration  through  a 
committee  chosen  every  six  years,  with  renewals,  by  the  provincial 
ciiet  from  which  the  King  selects  members  of  the  chamber  but  with  no 
share  in  considering  public  income,  military  affairs,  police.  He 
adduces  many  advantages  from  the  presence  of  property  owners  in  the 
service  of  the  state:  economy  through  fewer  paid  administrators; 

the  knowledge  and  point  of  view  of  all  classes;  a lively,  competi- 
tive, aggressive  spirit;  more  loyalty  toward  the  state;  a national 

(41) 

sense  of  duty;  profitable  employment  of  powers  otherwise  wasted. 

The  provincial  diet  was  to  consist  of  deputies  chosen  by  the  cir- 
cle diets.  Their  competence  was  to  extend  to  control  of  educational 

and  eleomosonary  institutions,  drainage,  roads,  waterways,  internal 

( 42 ) 

police,  special  funds. 

In  the  circle  Stein  preferred  the  more  recent  organization  by 
which  city  and  village  were  included  in  the  same  circumscription 
under  an  elected  official  known  as  the  "Landrath."  A diet  was  fa- 
voredy  to  consist  of  nobles,  peasants  and  citizens  in  possession  of 

40.  Zweck.  Bildung,  I,  416-22;  Lehmann’s  " Stein” , II,  75. 

41.  Zweck.  Bildung,  Pertz,  I,  424-432. 

42.  Lehmann’s  "Stein",  II,  74. 

43.  Zweck.  Bildung,  Pertz,  I,  429-30;  Lehmann’s  "Stein",  II,  74. 


ft  d 


54. 


property.  The  principal  functions  were  to  choose  the  "handrath" 


and  the  deputies  to  the  provincial  diet. 

In  the  municipalities  Stein  would  have  magistrates  according 
to  the  population,  unpaid  and  elected  for  six  years,  except  the 
Rendant  who  was  to  have  life  tenure  and  a salary.  The  larger 
cities  were  to  have,  also  a paid  director  chosen  by  the  King  from 
three  candidates  presented  by  propertied  citizens.  They  were  to  be 
commissioned  by  the  state.  The  electors  were  to  be  propertied  citi- 
zens. A council,  chosen  by  the  citizens,  was  to  confer  with  the 
magistrates  on  auditing  accounts,  leasing  city  property,  etc.  On 
the  domains  ana  private  estates  the  landed  peasantry  were  to  choose 
the  village  magistrate,  or  "Schulze"  and  court.  The  magistrates 
ana  village  court  were  to  have  charge  of  the  financial  resources 
for  education,  general  welfare  and  other  community  needs;  local  ju- 
risdiction and  police;  orders  of  the  central  government;  and  bud- 
gets for  the  poor  fund,  and  the  income  from  church  and  community 
property.  In  the  larger  cities  an  annual  statement  of  financial 
conditions  was  to  be  sent  each  householder  and  reported  to  the  super 
ior  audit  chamber.  Budget  and  audit  were  to  be  business  of  open 
sessions  of  the  council.  Both  city  and  village  were  to  come  under 


the  supervision  of  the  chambers. 

National  estates  were  to  follow  an  interval  of  education  in 
those  of  commune  circle  and  province  to  confront  the  bureaucracy 
everywhere  by  popular  institutions.  Material  was  to  be  found  in 
the  educated  and  intelligent  men  of  business  capacity  and  practical 
understanding,  with  experience  in  the  office  of  "Landrath, " in  the 


(43) 


(44) 


43. 


"Stein",  II,  74. 
"Stein",  II,  71,  74. 


. 

k 

■ 


. 


55. 


fire-association,  credit  system,  dy/ke  inspections,  charitable  in- 
stitutions, and  church  corporations.  These  men  must,  also,  possess 

property,  landed  or  other  kind,  to  qualify  as  political  people,  or 

(45) 

the  nation,  as  Stein  understood  it. 

Thus  far,  Stein  has  three  well  defined  political  conceptions: 
the  character  of  the  central  administrative  organ;  and  of  the  peo- 
ple; and  their  part  in  the  government.  The  first  is  a responsible 
collegiate  council  with  subject-matter  departments  directly  under 
the  King  to  advise,  execute,  and  supervise.  The  people  are  to  act 
though  advisory  estates  and  limited  membership  on  the  administra- 
tive boards,  with  partial  participation  only  in  affairs  of  adminis- 
tration. Property  and  education  determine  the  people  that  are  to 
have  a share  in  selfgovernment . All  three  ideas  of  collegiate  ac- 
tion, popular  participation,  and  property  qualification  are  known  to 
Prussia.  That  which  was  original  with  Stein  was  the  manner  and  ex- 
tent of  their  combination  and  use. 

THE  RETURN  TO  POWER- -1807. 

Meanwhile,  Stein's  friends  v/ere  working  for  him  and  the  sit- 
uation was  becoming  more  favorable,  Niebuhr  for  his  entrance  into 
Russian  service,  Hardenberg,  at  head  of  foreign  affairs  since  April 
26,  for  re-entrance  into  that  of  Prussia,  though  without  much  en- 
couragement from  the  King.  The  alliance  with  Russia  was  renewed. 
Then,  came  Friedland  and  Tilsit,  the  alliance  of  Russia  and  France, 
with  more  humiliation  for  Prussia.  Napoleon  favored  Schulenberg, 
Zastrow,  or  Stein,  over  Hardenberg.  On  July  6,  1807,  Hardenberg 
proposed  to  the  King  to  recall  stein  for  internal,  financial,  and 
other  affairs.  The  King  consented  to  write  Stein  under  pressure  of 
45.  Lehmann's  "Stein",  II,  71,  76,  77. 


. . 


56 . 

Napoleon's  demand  and  that  of  public  opinion;  he  advised  him  of 
Goltz's  appointment  to  foreign  affairs,  Kn^sebeck's  contemplated 
choice  for  military,  and  his  for  interior  and  finance.  Others  sug- 
gested making  his  own  terms  through  personal  negotiations  with  the 
King.  Several  appeals  came  from  various  sources  to  return  and 
save  his  country.  On  receiving  Hardenberg's  letter,  August  9,  1B07, 
Stein  wrote  the  King  he  would  accept  any  interior  state  service, 
without  reference  to  his  co-laborers,  or  other  affairs,  in  a time 

of  such  great  danger,  thereby  giving  up  Nassau  and  Russia  for  a 

(46) 

desperate  struggle  with  Napoleon. 

Leaving  Nassau,  September,  1807,  and  consulting  various  per- 
sons along  the  route,  especially  in  Berlin,  he  arrived  in  Memel  on 
the  30th.  At  his  first  interview  with  the  King,  he  was  offered  the 
department  of  civil  affairs  and  demanded  the  discharge  of  Beyme . 
After  rejecting  Beyme 's  offer  to  serve  under  him  and  the  failure 
of  the  Queen  to  persuade  the  King  to  dismiss  his  favorite,  Stein 
was  brought  to  accept  the  compromise  of  Beyme' s present  continu- 
ance in  the  council,  with  later  entrance  upon  the  presidency  of  the 
exchequer  court  at  Berlin.  The  governing  establishment  then,  con- 
sisted  of  a chief  minister,  Stein,  spokesman  to  the  King  for  the 
cabinet,  the  foreign  affairs  department,  the  general  directory,  an 

interior  justice-ministry  and  a combined  immediate  commission  at 

„ , J (47) 

Memel,  and  a commission  for  the  treaty  of  Tilsit  at  Berlin. 

ECONOMIC  REFORMS. 

On  re-entering  office  Stein  was  confronted  by  many  serious 
problems  other  than  those  of  administrative  reform,  such  as  eco- 
nomic reforms,  provision  for  ordinary  expenses,  war  contributions, 

46.  Lehmann's  "Stein",  II,  88  ff.  47.  Ibid.,  II,  101-108. 


■ 


57. 


withdrawal  of  the  French  troops  and  rehabilitation  of  the  evacuated 
provinces . 

For  a long  time  East  Prussia  had  been  the  seat  of  an  agitation 
for  freedom  of  industry  and  commerce,  of  land  and  soil,  and  individ- 
ual powers.  Tbe  war  had  brought  freedom  of  trade.  Both  Schroetter 
and  Schoen  proposed  the  abolition  of  personal  serfdom  for  the  flow 
of  capital  to  the  land  and  national  prosperity;  Stein  found  much 
begun  in  his  absence  toward  bringing  about  better  conditions. 

These  reforms  he  took  up.  Many  were  completed.  The  greatest  was 
the  Edict  of  October  9,  1807,  a measure  started  by  Schroetter  and 
revised  by  Schoen,  for  freedom  of  peasantry  and  land.  On  November 
24,  he  secured  an  extent! on  of  the  moratorium  of  the  previous  Spring 
from  business  to  landed  property  debts  till  1810.  In  December,  com- 
pulsory milling,  brewing,  personal  service,  and  the  tenth  on  sales 
was  abolished  on  the  domains.  February  14,  1808,  peasant  property 
was  subject  to  association  or  change  into  manor  land.  March  29, 
compulsory  milling  on  private  estates  disappeared.  July  27,  Schroet- 
ter’s  plan  became  law,  changing  domain  peasant  burdens,  save  those 
m kind  to  church,  school,  and  charitable  institutions,  and  general 
provincial,  communal,  and  association  burdens,  into  money  payments, 

one  fourth  a landtax,  the  rest  a gradually  diminishing  series  of 
payments  to  1832. 

FINANCIAL  MEASURES. 

Next  to  correcting  economic  abuses  Stein  had  to  provide  means 
for  the  daily  routine  of  government  and  settle  the  amount  and 
source  of  the  payments  to  France,  with  an  army  of  occupation,  of- 


48.  Lehmann’s  "Stein”,  II , 268-327. 


_ 


■ 


4 


58. 

ficials  under  oath  to  France,  the  revenue  sequestered  in  the  con- 
quered provinces,  the  free  territory  burdened  with  public  debts, 
an  unpaid  Russian  loan,  and  war  expenses,  no  income  from  domains 
and  forests,  landtax,  mines,  or  salt  monopoly,  current  revenue  con- 
fined to  the  excise,  customs,  stamps,  and  the  Russian  loan,  with  a 
deficit  of  twenty-eight  per  cent.  The  combined  immediate  commis- 
sion’s finance  plan  for  August  to  December  became  the  basis  of 
Stein’s  Plan  of  November  29,  1807.  From  January  to  April,  1808, 
the  government  ran  without  a budget.  Then  came  the  finance  plan  of 
February  24,  providing  more  severe  economies  in  the  expenses  of  the 
King,  his  court,  the  civil  officials  and  much  more  in  military  ex- 
penses. For  the  third  quarter  of  1808,  Schoen,  Klewitz,  and  Alten- 
stein  drew  up  a plan,  to  cover,  also,  a deficit  of  the  second  quar- 
ter, due  to  the  increase  of  French  troops  to  guard  the  coast,  cur- 
rency depreciation,  and  the  failure  of  some  sources  of  revenue, 
which  Stein  embodied,  with  the  economies  in  military  affairs,  in 
the  new  plan  of  July  11,  1808. 

THE  WAR  CONTRIBUTIONS. 

The  war  contributions  were  a source  of  endless  difficulties. 
The  convention  of  July  12,  1807,  provided  for  the  evacuation  from 
July  20  to  November  1,  and  an  accounting  of  the  revenue  on  paymentof 
the  contributions  , and  for  support  of  the  French  troops,  without 
determining  the  amount  of  the  contributions, or  the  number  of  troops. 
This  situation  was  complicated  by  new  demands,  hostility  toward 
the  leaders,  and  ill  treatment  of  the  King.  Napoleon  had  fixed  the 
contributions  at  150,000,000  francs, made  154,500,000  by  Daru  to  the 
Prussian  peace  commission^atjerlin,  with  the  threat  of  prolonging 

49.  Lehmann's  "Stein”,  II , 136,  153,  154,  262,  263,  265. 


' 


- 


' 


- 


' 


59. 


the  evacuation,  and  the  financial  administration  and  confiscating 
the  revenue  since  July  12,  1807,  if  the  amount  of  the  contributions 
were  not  determined  by  October  1,  1807.  He,  also,  demanded  an  ex- 
tension  of  the  occupied  territory,  possession  of  most  of  the  do- 
mains, of  several  more  cities,  and  the  construction  of  four  military 
roads.  Stein  argued  that  these  losses  would  impair  the  means  of 
paying  contributions.  Alexander  advised  him  to  yield  at  present, 
trusting  to  future  concessions.  In  November,  1807,  Prince  William, 
sent  to  Pans  to  offer  an  offensive  and  defensive  alliance  and  ter- 
ritorial compensation,  with  guarantees,  for  a reduction  of  the  con- 
tributions, reasonable  payment  periods,  and  immediate  evacuation, 

failed,  since  Napoleon  refused  to  consider  anything  till  the  settle- 

(50) 

ment  of  the  contributions. 

Against  Daru's  demands  for  154,500,000  francs  within  a year, 
guaranteed  by  the  most  important  forts,  for  part  of  the  domains, 
maintenance  of  a small  army,  four  military  roads,  and  joint  consider- 
ation of  evacuation  and  claims,  Stein  offered  100,000,000  francs, 
within  six  years,  two  forts  in  Silesia,  small  garrisons  with  neces- 
sities, domain  mortgages,  and  separate  negotiations  on  evacuation 
and  claims.  By  February, 1808 , only  the  amount  of  the  claims  and 
time  of  payment  had  been  agreed  upon.  Stein,  therefore,  left  for 
Eerlin  with  full  power,  February  29,  to  secure  the  advantages  of  a 
personal  interview,  public  opinion,  and  immediate  knowledge  of  the 
situation.  While  Stein’s  policy  was  to  prolong  negotiations  till 
a favorable  turn  in  affairs  and  yield  no  more  in  the  main  points, 

Daru  was  so  willing  to  negotiate  and  apparently  so  concessive,  that, 
an  agreement  was  arrived  at  to  accept  the  French  figures,  concede 

50.  Lehmann’s  "Stein",  II,  114-126  ff;  146-152. 


‘ 

. 


4 


' 

' 

. 

' 


60. 


the  Oder  forts  and  military  roads,  account  the  revenue  from  July  12, 
1807,  and  pay  in  cash,  domain  mortgages,  and  bills  of  exchange  with- 
in a year,  the  evacuation  being  in  proportion  to  the  payments . 

But  Napoleon  held  the  amount  of  the  contributions  unimportant,  the 
evacuation  a political  question  to  be  decided  by  general  conditions 
and  policies  at  Paris  and  St.  Petersburg, refused  to  account  for  the 
revenue  since  October  1,  1807,  and  demanded  50  to  60  million  in  ex- 
change within  a half-year  and  specific  guarantee  of  payment.  Under 

these  circumstances  Stein  returned  to  Koenigsberg,  May  31  1808,  to 

(51) 

meet  a grave  financial  situation. 

Meanwhile,  some  evacuation  had  been  going  on,  from  Koenigs- 
berg, July  25,  1807,  and  from  the  rest  of  East  Prussia  in  August, 
on  the  payment  of  the  war  contribution,  partly  in  money,  partly  in 
promises.  December  9,  the  French  withdrew  from  the  right  bank  of 
the  Vistula.  Ten  days  later  Prussians  occupied  Grandenz  and  Mari- 

enwerder.  January  16,  1808,  the  King  and  his  court  established 

(52) 

themselves  at  Koenigsberg. 

POLITICAL  REFORMS. 

Amid  these  circumstances  and  activities,  then,  Stein  worked  up- 
on his  administrative  reforms.  The  documentary  material  consists 
of  some  letters  to  Schroetter,  cabinet  orders,  reports,  comments, 
plans,  instructions,  and  his  political  testament;  the  Report  of 
November  23,  1807,  the  Interim  Plan  of  July  25^  and  the  Ordinance 
of  November _24,  1808;  and  the  city  Ordinance  of  November  19,  1808. 

The  first  group  are  more  apt  to  express  Stein’s  own  opinions,  since 
they  were  written  by  him  for  some  specific  purpose.  The  rest  were 
largely  put  in  shape  by  others,  especially  Schroetter  of  the  East 


51.  Lehmann's  "Stein",  II,  223-260.  52.  Ibid.,  II,  123,  130. 


/ 

■ 


. 


61. 


Prussian  provincial  department  and  Schoen  of  the  Combined  Inter- 
mediate Commission,  and  Altenstein,  and  though  Stein  put  his  final 
approval  upon  them,  express  more  or  less  a compromise.  This  per- 
sonal element  was  reinforced  by  the  exigencies  of  the  times.  Then, 
none  of  the  three  plans  actually  went  into  full  and  permanent  oper- 
ation, on  account  of  Stein's  early  withdrawal  from  affairs  and 
Hardenberg's  desire  to  carry  out  some  ideas  of  his  own.  Finally, 
the  reaction  capture a Hardenberg  himself  and  reshaped  government 
institutions . 

The  miscellaneous  documents  discuss  various  subjects  pertain- 
ing to  the  reorganization  of  the  administrative  system,  but  offer 
no  plan,  except  in  the  Comments  of  October  15,  1807,  on  Altenstein* s 
suggestions,  including  general  and  local  institutions,  and  Stein's 
letter  to  Schroetter  of  June  27,  1808,  which  deals  with  the  local 
institutions  only.  The  various  subjects  discussed  include:  in  gen- 
eral the  Value  ol  Government  Mechanism,  Purposes  of  Government  Or- 
ganization.  Publicity  of  Government  Affairs,  Discharge  of  Govern- 
ment Officials;  more  particularly,  the  First  Minister,  Minister 
and  Privy  State  Councillors,  Ministerial  Departments,  Finance  and 
Police  Department,  Justice-Boards,  General  and.  Special  Conferences, 
for  the  central  organs;  and  the  Superior  President,  War  and  Domain 
Chambers,  Popular  Participation  in  Government,  Circle,  Commune, 
and  Municipal  Constitutions  for  the  local  organs  of  the  central 
government.  Taken  all  together,  they  might  be  said  to  present  a 
fairly  well  organized  scheme  of  administrative  reforms,  although 
not  so  meant,  since  there  exists  no  organic  connection  between  the 
various  documents . 

Of  the  three  plans,  the  Report  of  November  23,  1807,  was 


* 


62. 


drawn  up  by  Altenstein  from  his  Memoranda  of  September  11,  Harden- 
berg’s  of  September  12,  1807,  and  Stein's  of  April  27,  1806,  with 
Stein's  Comments  of  October  15,  1807,  on  Altenstein's  Suggestions. 
When  finished,  November  23,  and  December  27.  1807,  it  was  entitled, 
"A  Plan  for  a New  Organization  of  the  Business  Methods  in  the  Prus- 
sian State."  The  original  draft  was  modified  from  suggestions  of- 
fered by  the  King,  Beyme , Hardenberg,  etc.,  and  Stein  himself.  Two 
obstacles  were  offered  to  the  full  carrying  out  of  the  provisions: 
refusal  of  the  King  to  preside  made  impossible  the  crown  council 
and  necessary  a first  minister;  failure  of  the  people  to  second  es- 
tates representation  rendered  popular  participation  in  the  govern- 
ment ineffectual.  To  the  first  minister  Stein  objected  the  limita- 
tions of  an  individual,  the  far  reaching  effect  of  his  failures, 
despite  increased  power  and  unity,  and  urged  the  more  steady  course 

bf  affairs  and  the  various  points  of  view  of  collegiate  organiza— 
(53) 
tion. 


At  the  head  of  the  administration  was  the  King's  cabinet,  con- 
sisting of  the  minister  of  finance  and  interior,  acting  as  first 
minister,  of  foreign  affairs,  war,  and  justice,  with  presentation 
within  their  jurisdiction;  and  of  privy  state  councillors  at  the 
head  of  subdepartments.  Departmental  divisions  were  according  to 
subject-matter.  There  were  conferences  of  ministers  and  privy  state 
councillors  of  finance  and  interior;  general  control  over  the  de- 
partments through  the  first  minister;  general  conferences,  presen- 
tation in  the  cabinet,  and  special  cooperation  of  certain  depart- 
ments. Learned  and  technical  commissions  existed.  Superior  pre- 
sidents were  kept,  as  a point  of  union  and  source  of  advice  and 

53.  Lehmann's  "Stein",  II,  370-373;  405,  '06;  '15,  '16. 


. 


. 


, 


63  • 

control,  one  each  over  the  three  military  districts  and  Berlin,  with 
full  conference  at  Berlin;  and  war  and  domain  chambers,  divisions 
according  to  subject-matter,  jurisdiction  over  all  finance  and  in- 
terior matters,  president,  directors,  councillors,  conferences, 

(54) 

technical  commissions,  estates  representatives. 

The  Organization  Plan  of  November  23.  1807,  was  not  carried 
out,  due  to  the  course  of  foreign  affairs,  the  smallness  of  the  ter- 
ritory and  the  expense.  Consequently,  a temporary  arrangement  was 
made,  the  Interim  Plan  of  July  25,  1808.  This,  after  discussing 
the  purposes  of  government,  provided  for  a cabinet;  ministers  and 
privy  state  councillors;  general  conferences;  general  treasury; 
general  finance  and  police,  provincial  justice,  excise  customs  salt 
and  stamp,  general  post,  foreign  affairs,  church  school  and  charity 
departments;  auditing  department;  military  commission;  bank  and 
maritime  affairs;  war  and  domain  chambers;  justice  boards;  circle, 
commune,  and  municipal  constitutions.  Stein  was  head  of  general  fi- 
nance and  police  and  presided  over  the  general  conference,  as  first 
(55) 

minister . 

This  arrangement  continued  during  Stein's  incumbency.  But, 

when  Stein  found  his  position  as  first  minister  attacked,  he  sought 

to  retain  his  power  by  modifying  the  Interim  Plan, October  28,  1808, 

in  favor  of  a less  prominent  position  in  the  government.  In  place 

of  the  first  minister  there  ?7as  to  be  a privy  state  council.  Part 

of  the  councillors  were  to  have  departments,  the  rest  general  work 

or  special  commissions.  Among  the  latter  Stein  was  to  watch  over 

(56) 

the  administration.  This  modification  did  not  succeed.  But  before 

54.  Lehmann’s  "Stein",  II,  373-404;  Stein’s  Bericht,  Nov.  23,  1807, 
II,  648-69.  55.  Lehmann’s  "Stein",  II,  421-434;  Interim  Plan, 

July  25,  1808,  II,  117-128.  56.  Plan  of  October  28,  1808,  II 

263;  Lehmann's  "Stein",  II,  578-79. 


64. 


his  final  retirement  the  whole  system  of  administration  was  reorga- 
nized. 

Ihe  ordinance  of  November  24,  1808,  covered  much  of  the  re- 
port of  November  23,  1807,  with  more  detail  and  some  important  chan- 
ges. It  opens  with  a discussion  on  the  purposes  of  governmental  or- 
ganization and  the  position  of  the  King.  There  is  a large  council 
of  state,  divided  into  a cabinet  of  ministers  and  state  councillors, 
ana  five  departments  of  interior,  finance,  foreign  affairs,  war,  and 
justice.  Provisions  are  made  for  privy  state  councillors  to  aid  the 
ministers ; departmental  conferences,  boards , finance  and  subordinates; 
inter-departmental  relations;  a superior  audit  chamber,  state  book- 
keeping, examination  commissions  and  appointments;  technical  com- 
missions; methods  of  legislation;  a central  treasury;  war  and  do- 
main chambers  and  popular  participation  in  government.  The  two 
most  striking  changes  are  the  cabinet  as  a part  of  the  council  of 
state  and  the  omission  of  the  superior  presidency. 

Finally,  there  was  the  City  Ordinance  of  November  9,  1808, 
providing  a comparatively  extensive  sphere  of  urban  activity.  Work 
on  this  began  soon  after  Stein's  return  from  Berlin.  From  material, 
submitted  by  Vincke,  Frey,  and  Stein  in  his  Nassau  Memoranda  and 
his  comments  on  Frey's  suggestions,  Schroetter  and  the  provincial 
department  reported  a plan  which  was  criticized  by  Frey  in  two  memo- 
randa and  by  Schoen  and  the  combined  intermediate  commission;  dis- 
cussed in  general  conference  in  respect  to  the  general  law,  the  po- 
sition of  the  magistrates  and  state  supervision  in  finance;  signed 

( 58 ) 

by  Schroetter  and  Stein;  and  approved  by  the  King  November  9,  1808. 

57.  Ordinance  of  November  24,  1808,  II,  689-737.  58.  Lehmann's 

"Stein",  II,  448-85. 


. 

- ■ 


- 


65. 


The  city  ordinance  discusses  the  purposes  of  such  an  ordinance, 
the  necessity  of  representation,  and  the  character  of  popular  ad- 
ministration. Provision  is  made  for  a magistracy  and  council,  re- 
gional directors,  deputations  and  commissions,  a local  police  board; 
inter-departmental  relations:  unpaid  public  officials.  Refusal  to 
assume  public  office,  or  dismissal  therefrom  are  considered.  Rules 

for  legislation,  citizanship  and  citizens’  rights  and  state  control 
(59 ) 
defined. 

MAIN  AND  SUBORDINATE  ADMINISTRATIVE  CENTERS. 

In  the  scheme  of  organization  of  these  documents,  the  basis  is 
the  four  principles.  Unity,  centralization  of  authority  and  res- 
ponsibility, pervades  the  whole  system.  The  ordinance  of  November 
( 60 ) 

24,  1808,  states  that  "The  administrative  organization  will  have 
as  its  center  an  organ  in  immediate  subordination  to  the  head  of  the 
state"  which  "will  not  only  supervise,  but  take  a direct  active 
part  in  the  administration,"  to  create  "the  greatest  possible  unity 
ana  energy.1!  The  administrative  subdivisions  have  also  their  cen- 
tral organs.  The  departmental  divisions  of  the  central  organ  act 
each  as  a unit  on  all  questions  within  their  jurisdiction,  as  Stein 
expressly  states  when  he  says,  that  the  "Privy  state  councillors 

as  a ?/hole  constitute,  under  the  presidency  of  the  minister  of  fi- 
(62) 

nance,  a council." 


’Between  the  central  and  local  organs  of  the  central  adminis- 
tration connection  is  established,  the  least  complicated  and  most 

energe tic ... .securing  in  each  province  through  supervision. .» .wide 

Ausgewaehl te  Urkunden* 

59.  Al tmann,^  1897 , Theil-  II,  4-34.  60.  Pertz-Stein,  II,  689. 

61.  Bericht,  Nov.  23,  1807,  II,  643.  62.  Ibid.,  650. 


■ 


- 


66. 


powers  of  execution. .« .impartial  and  energetic  control ... .and  a 

(63) 

sure  source  of  information  and  advice."  Further  on  Stein  says  that 

"it  is  especially  important  for  several  administrative  branches  to 

have  a common  organ  for  supervision  and  execution  within  such  sub- 

(64) 

divisions  as  provinces.  This  inter-connection  is  the  superior 
presidency,  strengthened  by  the  provision  that,  "the  superior  pre- 
sidents assemble  every  year  at  Berlin  on  a day  to  be  fixed.... to 


on  kindred  subjects  and  attend  departmental  and  council]  ar 

(65) 

deliberations  as  advisors." 

Within  each  superior  presidency  there  was  to  be  one  or  more 
( 66 ) 

centers,  to  unite  intimately  connected  branches,  eliminate  fric- 
tion  and  neglect,  and  produce  inter changable  support  and  energetic 

J67)  . ' (68) 

action.  Here  was  disposed  of  overlapping  matters,  new  regulations, 
subjects  pertaining  to  several  departments  or  involving  fundamen- 
tal principles,  and  reports  to  the  higher  authorities,  with  all  ar- 

(69) 

rangements  of  the  same.  Within  a province  each  circle  in  its  "Land- 
rath",  each  rural  commune  in  its  "Schoeffen",  and  each  municipality 
in  its  council  found  the  central  organ  of  administration. 

INDIVIDUAL  AND  COLLEGIATE  ADMINISTRATIVE  CENTERS. 

Unity  of  administrative  activity,  centralization  of  authority 
and  responsioility,  might  be  lodged  in  an  official  or  a college 
of  officials, or  both,  to  fulfill  all  conditions  of  effective  and 
united  action,  though  in  discussing  the  advisability  of  entrusting 


the  supervision  of  the  administration  to  a first  minister  or  a 
council  of  stats.  Sbein  says,  that  "by  means  of  the  first  minister 
more  energy  and  unity  are  secured. .. .but  the  failings  of  the  indi- 


63.  Bericht,  November  23 
660.  66.  Ibid.,  657. 

69.  Ibid.,  668. 


1807,  II,  657.  64. 

67.  Ibid.,  661.  68. 


Ibid.  65.  Ibid., 
Ibid.,  667. 


* 

' 

' 

■ 

. 

. 

' 


67. 


vidual  have  a too  powerful  influence  upon  affairs,  while  the  colle- 
giate conduct  of  business  assures  a more  stable  procedure,  freedom 

(70) 

from  haste,  and  a greater  variety  of  view-points,"  apparently  pre- 
ferring more  deliberate  action  from  discussion  upon  different  sources 
of  information,  than  rapid  decision  ; and  this  in  the  department 
where  we  believe  rapidity,  decision  and  expedition  are  the  highest 
qualities.  But  Stein's  central  organ  was  also  an  organ  of  deliber- 
ation, the  King  took  an  active  share  in  government,  previous  ex- 
(71) 

perience  seemed  to  confirm  faith  in  collegiate  administration,  the 
Prussian  tradition  favored  it,  and  military  affairs  were  in  the 
hands  of  the  King,  while  finance  did  not  require  rapidity  of  deci- 
sion and  action.  Moreover,  Stein  would  compromise  by  entrusting  re- 
construction to  one  man  and  ordinary  administration  to  a council 

(72) 

dominated  by  a president  of  preponderating  influence. 

FIRST  MINISTER. 

In  the  attempts  made  to  create  a ministerial  system  with  unity, 

initiative,  decision,  responsibility  and  direct  relation  to  the  King 

Stein  employed  both  individual  and  collective  organs,  supported  by 

various  inter-departmental  relations.  Of  the  individual  officials 

(73) 

the  most  important  was  the  first  minister,  in  times  of  crisis  do- 
minating, but  ordinarily  limited  by  a council  of  state  under  his 
presidency,  though  powerless  to  entertain  complaints  against  his 

person  or  administrative  methods.  He,  also,  had  direct  charge  of 

(74) 

the  department  of  finance  and  interior.  His  colleagues  were  privy 

state  councillors  of  his  own  nomination,  to  secure  better  disci- 
(75)  (76) 

pline . He  was  to  attend  the  sessions  of  the  bureaux  when  necessary. 


70.  Pro  Mem.,  II,  31.  71.  Pro  Mem.,  II,  31.  72.  Ibid. 

73.  Interim  Plan,  II,  119.  120;  Pro  Mem.,  II.  54,  31:  Bericht,  II, 
648;  Vorschrift,  II,  131-34.  74.  Ibid.  75.  Ibid.,  643.  76.  Pro 

Mem.,  II,  34. 


* 

. 


68. 


(77) 

The  range  and.  variety  of  his  functions  in  many  respects  re- 
produced those  exercised  by  Stein  when  rehabilitating  the  monarchy. 
He  would  be  in  immediate  connection  with  the  King  on  all  matters 
of  state  business,  guide  the  deliberations  of  the  cabinet,  be  pre- 
sent at  the  presentation  of  reports,  present  reports  on  all  general 
matters  and  those  of  his  own  department.  He  would  be  at  the  head 
of  the  department  of  the  interior,  participate  in  such  delibera- 
tions on  foreign  and  military  affairs  as  were  general  or  bore  di- 
rectly upon  internal  affairs,  exercise  control  over  the  immediate 
commission,  the  treasury  administration,  bank  and  marine  matters. 

He  would  control  and  supervise  the  other  departments  through  refer- 
ence to  him  of  their  difficult  problems,  his  power  to  demand  any 
necessary  information,  and  to  draft  instructions  with  the  royal  as- 
sent. The  department  of  internal  affairs  was  the  basis  of  his  power, 
from  its  intimate  connection  with  the  other  branches  of  administra- 
tion. Therefore,  its  head  was  so  situated,  with  his  intimate  con- 
nection with  the  King,  appellant  jurisdiction  in  administrative 
problems,  power  to  acquire  information,  and  to  draft  instructions, 
as  to  centralize  the  administration  very  effectively.  The  picture 
is,  however,  very  imperfectly  drawn  and  filled  out  only  in  part, 
being  found  only  in  a few  references  in  various  documents,  mainly 
connected  with  the  establishment  of  Stein’s  own  power  as  first  min- 
ister. 

PRIVY  STATE  COUNCILLOR. 

A modification  of  the  position  of  first  minister  was  sketched 
v (78) 

by  Stein  in  the  Plan  of  October  28,  1808,  when  he  realized  that  his 

77.  Bericht,  Nov.  23,  1807,  II,  648;  Pro  Mem.,  II,  31;  Bericht, 

Oct.  3,  1807,  II,  626;  Cabinet  Order,  Oct.  4,  1807,  II,  627;  Vor- 
schrift,  Aug.  25,  1808,  II,  130,  131-34;  Interim  Plan,  July  25,  1808, 
II,  125,  126.  78.  Pertz-Stein,  II,  263. 


■ 


69. 


enemies  were  working  to  secure  his  retirement.  He  was  to  retain  a 
comparatively  inconspicuous  position  where  he  might  direct  the  ad- 
ministration according  to  his  ideas.  "My  place  would  be,"  says  he, 
among  the  privy  suate  councillors  (without  a department )... .1  woulc. 
be  able  to  act  through  participation  in  the  deliberations  of  the 
council  of  state  and  making  proposals  therein,  through  suggestions 
on  the  maintenance  of  just  principles  of  administration,  and  the  as- 
sumption and  execution  of  important  commissions.  I would  be  sum- 
moned to  take  part  in  the  cabinet  discussions  of  important  affairs. 

I would  preserve  over  men  and  affairs  a definite  influence,  based 
upon  the  confidence  of  the  King,  the  consideration  accorded  my  pro- 
posals, and  the  assent  to  my  principles  of  administration  given  by 
persons  attached  to  me." 

This  position  corresponded  in  many  respects  to  that  of  Beyrne 
and  Lombard  against  which  Stein  contended  so  persistently.  Both 
depended  upon  a definite,  recognized  status,  participation  in  de- 
liberations of  state  affairs,  initiating  state  business,  maintain- 
ing principles  of  administration,  executing  important  commissions, 
regular  connection  with  the  progress  and  men  of  affairs.  Both 
Stein  and  the  secretaries  would,  in  dependence  upon  the  King’s  fa- 
vor, exercise  the  normal  functions  of  their  office,  and  influence 
the  whole  range  of  administrative  activity.  But  they  differ  in  mo- 
tive and  duration.  Stein  sought  disinterestedly  to  render  the 
greatest  possible  public  service  without  intrigue,  relying  upon  the 
confidence  of  the  King,  consideration  for  his  proposals,  agreement 
with  the  men  in  power,  and  their  personal  attachment.  Then,  this 
arrangement  was  to  meet  a stress  of  circumstances  of  short  duration. 
It  was  not  to  Stein's  liking;  but  considered  the  better  of  two 


, i mfcj  J 


. 


70. 


evils . 

SUPERIOR  PRESIDENT. 

Next  after  the  head  of  a department,  a central  organ  of  unity 
for  the  affairs  of  his  exclusive  jurisdiction  is  the  Superior  Pres- 
idency, of  which  the  purpose,  position,  districts,  and  functions 

( 79 ) 

are  set  forth  at  greatest  length  in  the  Report  of  November  23,  1807. 

( 80 ) 

There  are  three  reasons  for  its  existence:  to  furnish  more  effi- 
cient administration  of  affairs  involving  several  chambers,  to  pro- 
cure more  accurate  information  on  local  affairs  for  the  central 
government,  to  supplant  formal,  distant  by  strict  and  energizing 

contact  with  local  organs.  It  was  to  take  the  place  of  the  central 

(81 ) 

provincial  departments.  The  territorial  area  corresponded  to  that 

( 82 ) 

of  tne  military  districts  and  the  city  of  Berlin,  four  altogether# 

In  the  discharge  of  his  functions,  he  was  permanent  commis- 
( 83 ) 

sioner  for  the  central  departments,  presiding  over  the  estates,  ne- 
gotiating with  the  military,  looking  after  war  operations  and  de- 
fense, conferring  with  post  and  tax  officials j the  supervisory 

(84)  J 

authority  over  the  local  organs,  attending  the  sessions  of  the  cham- 
bers, initiating  important  measures,  supervising  the  subordinate 

authorities  personally  or  by  means  of  reports:  and  the  advisory 

(85)  J 

authority  on  all  important  matters,  endorsing  or  protesting  the  re- 
ports of  the  chambers,  forwarding  data,  reports,  and  other  useful 
information.  Prom  some  points  of  view  it  might  be  argued  that  it 
was  an  unnecessary  office,  as  the  same  ends  might  be  accomplished 
by  a chamber  of  larger  territorial  jurisdiction,  by  combining  two 
or  more  chambers  for  common  affairs,  or  referring  them  to  the  cen- 

Ttn  Pe^z"stein»  H>  645.  80.  Bericht,  Nov.  23,  1807,  II,  645:  657- 
o58.  81.  An  Schroetter.  June  27,  and  Aug.  25,  1808,  671,  675. 

?!olcht’  Nov*  23’  1807’  645,  '57,  ’58.  83.  Bericht,  Nov.  23,  1807 

II,  658.  84.  Ibid.,  659.  85.  Ibid.,  660. 


. 


. 


' 


71. 

tral  administration.  But,  as  the  feasibility  of  any  arrangement 
depends  on  local  conditions  as  much  as  on  principles,  the  fact  that 
the  superior  presidency  now  forms  a part  of  the  Prussian  system  in- 
dicates the  usefulness  of  such  an  institution  as  a guarantee  of  ef- 
fective administration  and  ascertainable  responsibility. 
CIRCLE-COUNCILLOR . 

The  possible  third  case  of  an  individual  centralizing  organ 
is  the  circle-councillor,  over  a subdivision  of  the  jurisdictional 
area  of  the  cnamber,  to  which  he  is  directly  responsible.  From 
the  data  at  hand  it  cannot  be  definitely  stated  just  what  was  Stein’ 
idea.  Yet,  he  endorsed  him  as  executive  authority  for  the  circle 

and  as  an  elective  official,  in  the  Nassau  Memoranda  of  June  1807^ 
n (87) 

In  a letter  to  Schroetter  of  June  27,  1808,  concerning  the  ” organ- 
ization of  the  provincial  subordinate  authorities  f,'  when  discussing 
some  plans  submitted  by  Landrath  von  Itzenplitz  and  Graf  von  Rhe- 

din  on  the  organization  of  the  circle,  he  indicates  that  his  duties 

( 88 ) 

are  executive,*  when  discussing  von  Vinke’s  suggestion  of  modelling 
the  circle  authorities  on  the  English  system  of  justices  of  the 


yeace,  he  distinctly  favors  the  idea,  but  points  out  certain  dis- 
advantages of  its  present  introduction:  the  difficulty  of  secur- 

ing qualified  men  for  circle-councillors  on  account  of  inexperience 
and  small  interest  in  public  affairs  of  the  cultivated  classes; 

and  the  need  of  a radical  change  in  the  present  legislation. 

(B9) 

Further,  in  this  letter,  Stein's  criticism  of  the  character 

and  position  of  the  circle-councillor,  submitted  by  Schroetter, 

seems  to  favor  an  unpaid  official  over  a small  district,  well  sup- 

T?-  «v?tZ"SpoInnh  429‘  87’"ibZd"'ir’672.  88.  Pertz-Stein, 

il,  b/3.  89.  Ibid. 


. " 


. 


72. 


plied  with  subordinates  and  connected  with  the  estates,  so  arranged 

as  to  lead  ultimately  to  the  incorporation  of  the  English  system  of 

(90) 

justices  of  the  peace.  "There  must  be  given  to  the  circle-council- 
lor circle  deputies  in  large  numbers  as  aids  with  concurrent  author- 
ity and  exclusive  power  over  several  administrative  branches.  The 
other  administrative  matters  are  reserved  to  be  shared  by  the  cir- 
cle deputies,  especially  those  exercised  by  the  English  justices  of 
the  peace  and  adapted  according  to  our  laws  to  that  end."  These 
references,  then,  seem  to  indicate  the  circle-councillor  as,  at  least 

tentatively,  the  centralizing  organ  of  the  circle.  This  view  is 

(91) 

strengthened  by  the  power  given  the  chamber  to  summon  annually  or 
at  special  times,  the  circle-councillors  of  its  jurisdictional  area 
to  discuss  functional  questions,  receive  oral  instructions,  and  con- 
fer on  uniform  methods  of  execution,  thereby  recognizing  the  cir- 
cle-councillor  as  embodying  the  authority  of  the  circle  and  dis- 
charging the  representative  function  before  the  government  super- 
visory organ  of  the  circle. 

DISTRICT-MANAGER. 

Below  this  point,  there  are  two  individual  centralizing  or- 
gans, one  each  in  the  municipality  and  the  rural  commune,  as  may 
be  inferred  from  their  position  and  functions,  though  Stein  nowhere 

mentions  them  as  such.  The  first  of  these  is  the  di strict -manager . 

(92) 

According  to  the  Municipal  Ordinance  of  1808,  "he  is  to  be  a resi- 
dent householder  of  the  district,  enjoying  the  respect  of  his  fel- 
low citizens  and  combining  experience  in  affairs  with  public  spirit 
and  sagacity.  He  is  to  be  chosen  by  the  city  council  for  a term  of 

90.  Pertz-Stein,  II,  675.  91.  Bericht,  Nov.  23,  1807,  666,  670. 

92.  Altmann  A.  u.  II,  24,  Sec.  163,  164. 


.. 


' 


73. 

six  years  and  confirmed  by  the  magistracy.  He  may  resign  on  com- 
pleting one  half  his  term,  if  necessity  or  desire  compel  him. 
Neither  pay  nor  remuneration  for  outlay  attach  to  the  office.  In 
case  of  sickness  or  absence  his  duties  are  discharged  by  a resi- 
dent representative,  also,  chosen  by  the  council. 

He  is  in  intimate  connection  with  the  city  council  which 
chooses  him,  the  magistracy  which  confirms  the  choice  and  of  which 
he  is  a subordinate  administrative  organ,  and  the  deputations  and 
commissions  whose  instructions  he  is  to  enforce  and  to  which  he  is 
to  refer  his  difficult  problems  of  administration,  while  all  au- 
thority from  above  is  exercised  through  him,  he  is  the  center  of 
admini strati on  within  his  district.  Not  only  local  affairs,  con- 
ducive to  health  and  comfort  and  best  administered  in  small  areas, 
but,  also,  affairs  of  interest  to  the  .city  as  a whole,  are  to  en- 
gage his  attention.  Police  regulations,  local  public  institutions, 
and  the  protection  of  the  community  are  in  his  hands.  Difficult 
problems  are  to  be  referred  to  the  appropriate  deputation  or  com- 
mission. He,  therefore,  embodies  unity  in  his  official  capacity, 
a center  towards  which  the  lines  of  administration  converge  and 
from  which  radiate  those  of  authority.  Within  his  jurisdiction  he 
represents  that  union  of  administration  which  is  absolutely  neces- 
sary in  any  effective  political  system. 

VILLAGE  MAGISTRATE. 

The  last  example  of  unitary  embodyment  of  authority  and  res- 
ponsibility is  in  the  commune . Here,  again,  stein  is  not  very  ex- 
plicit. He  asserts  that  the^rural  communes  are  to  have  a suitable 
system  of  government  and  ruler;"  and  more  specifically  that  the  "ar- 

93.  Interim  Plan,  July  25,  1808,  II, 


‘ 


* 

T 

- • 


• - 


' — 7TT” 

rangement  of  the  magistrate  in  the  rural  districts  is  very  impor- 
(94) 

tant,"  hut  that  the  "present  constitution  is  not  very  well  known  to 

rue,  yet  the  oilesian,  with  which  I am  better  acauainted  seems  to  me 

(95) 

to  have  very  much  good."  His  conclusion  is  that  "the  Silesian 

system  ox  magistrate  and  court,  to  which  are  assigned  the  policing 

of  the  village  and  fields,  the  execution  of  sovereign  commands,  and 

the  exercise  of  certain  branches  of  local  jurisdiction,  appear  to 

(96)" 

me  very  suitable  for  rural  communes.  Though  lacking  in  detail, 
this  is  a very  emphatic  endorsement  of  a local  official’s  concen- 
trating in  himself  local  authority  and  responsibility, 

COUNCIL  OF  STATE. 

The  second  method  of  embodying  unity,  responsibility,  and  au- 
thority is  in  collegiate  organization,  considered  superior  in  re- 

. , (97) 

spect  to  progress,  momentum,  points  of  view,  and  deliberation.  In 

the  central  administration  collegiate  organization  occurs  in  the 
council  of  state  and  the  cabinet,  in  the  subordinate,  in  the  war 
and  domain  chambers  and  the  magistracy,  and  in  conferences  in  va- 
rious parts  of  the  administration.  The  purpose  of  the  council  of 

(98) 

state  is  set  forth  in  several  references.  It  is  to  form  a point  of 

union  for  the  whole  administration  under  the  King,  a clearing  house 

for  the  government,  an  immediate  connection  between  the  head  of  the 

state  and  heads  of  the  organs  which  guide,  supervise,  and  control 

the  state  government  in  its  entirety,  bringing  him  into  relation 

with  all  the  public  servants  to  the  lowest  provincial  incumbent. 

It  is  to  lighten  the  pressure  of  business  upon  the  King,  extend  his 

horizon  by  contact  with  men  of  affairs,  broaden  his  impressions  and 

An  J ohroetter,  June,  1807.  I,  428.  95.  An  Schroetter,  June  17, 

II,  674.  96.  Nassau  Memoranda  June,  1807,  I,  428.  97  Pro 

5oo.*,T°5t  *,  15>  18°7,  II,  31.  98.  Vorschrift,  Aug.  25,  1808,  II, 

1^8;  Interim  Plan,  II,  124;  Bericht,  Nov.  23,  1807,  II,  649. 


. 


. 


* 


■ 


, 


75. 


decisions  and  thereby  increase  the  royal  prestige  and  independence 

(99) 

and  public  esteem.  Heads  of  departments  will  unite  in  a suitable 
organization,  receive  a public  legal  appointment,  assume  the  res- 
ponsibility of  supervising,  controlling,  and  executing  affairs  final- 
ly decided  upon  by  the  King,  a position  of  power,  effective  acti- 
vity, responsibility,  trust  and  confidence,  encouraging  self-respect, 
sense  of  duty,  broadness  of  view,  thoroughness,  healthfull  rivalry, 
resourcefulness,  and  progressiveness,  a spirit  of  obedience  and 
loyalty  from  their  subordinates. 

The  composition  of  the  council  of  state  varied  from  time  to 

(100) 

time.  In  the  Exposition  of  April,  1806,  the  membership  is  to  con- 
sist of  the  five  heads  of  departments  and  the  grand  chancellor*  in 

(101) 

the  Suggestions  of  December  14  1806,  of  the  three  ministers  with 

an  advisor  each,  their  officers  and  councillors,  and  such  as  the 

King  or  any  one  or  all  of  the  ministers  might  invite;  in  the  Report 

( 102 ) 

of  November  23,  1807,  of  the  four  ministers  with  their  privy  state 

(103) 

councillors;  in  the  Interim  Plan  of  July  25,  1808,  of  the  ministers 
each  with  a councillor  from  his  department,  the  councillors  of  the 
general  department,  the  chancellor  with  his  councillor,  the  heads 
of  the  two  subdivisions  of  military  affairs,  and  on  invitation,  the 


heads  of  the  subdivisions  of  the  other  departments;  in  the  Repula- 

(104) 

tion  of  August  25,  1808,  of  the  personnel  of  the  general  finance 

and  police  department  and  the  heads  of  the  other  departments  each 

, , (105) 

with  an  advisor  therefrom;  in  the  Plan  of  October  28,  1808,  of  the 

the  ministerial  heads  of  departments,  and  privy  state  coun— 

(106) 

cillors;  and  in  the  Ordinance  of  November  24,  1808,  of  the  King, 


99.  An  Beyme,  Nov.  29,  1826  I.  366-68. 
337 . 1C1 . Pertz-Stein.  I,  379,  381. 

103.  Ibid.,  126.  104.  Ibid.,  128,  130. 

106.  Ibid.,  II,  690,  692;  694. 


100.  Pertz-Stein, 
102.  Ibid.,  II,  649. 
105.  Ibid.,  263. 


I, 


336, 


76. 

royal  princes,  ministers,  privy  state  coiincillors , heads  of  military 
affairs,  privy  legation  councillor  and  privy  councillor  of  justice, 
and  ex-ministers.  The  permanent  elements  were  ministers  and  privy 
state  councillors  of  finance  and  interior,  with  a councillor  from 
each  department.  The  occasional  members  are  the  royal  princes  men- 
tioned twice,  heads  of  military  affairs  thrice,  privy  legation  coun- 
cillors and  the  privy  councillor  of  justice,  twice  each,  ex-minis- 
ters once,  their  inclusion  depending  on  the  size  of  the  council  and 
the  advantage  of  their  presence.  The  element  of  flexibility  is  se- 
cured through  the  right  of  King  and  ministers  to  summon  additional 
members,  such  as  they  think  proper. 

The  organization  was  very  meager,  as  the  formulation  of  mat- 
ters for  presentation  and  finally  for  execution  were  done,  the  first 

by  the  initiating  department,  the  other  by  the  special  privv  coun- 

( 107 ) J 

cillors.  The  only  officers  mentioned  are  a chairman  and  a leader* 

. (108) 
and  none  save  a special  committee.  The  King  presides  and  chooses 

(109) 

a substitute  when  absent.  Each  member  of  the  council  may  initiate 

business,  the  head  of  finance  and  interior  presenting  matters  for 
..  T . (110) 

the  King  as  well  as  for  his  own  department  and  all  general  business, 
and  being  present  at  the  introduction  of  all  matters.  All  important 
matters  must  be  introduced  personally,  other  matters  by  cabinet 
councillors  and  submitted  to  the  chairman  accompanied  by  written 
opinions,  and  a full  report  satisfactory  to  the  ministers.  Matters 

, „ (HD 

efore  the  council  were  referred  to  one  representative  each  from  the 

2£di?o?oe  0f  N?V*  24 ' 1808 ’ 11 ’ 694  • 108.  Vorschrift  of 

Aug.  25,  1808,  II,  131,  156,  694.  109.  Ibid.,  643,  '48,  !90  f93. 

IT  thrift , Aug . 25,  1808,  II  131,  133;  Bericht  Nov.  23,  1807, 

11*  lm  o^o^17  25’  1808’  11  ’ 125  * 111  • Veraend.  Ver- 

TT  1^0  n^L^’r1?08,  11  ’ 694;  vorschrift,  August  25,  1808, 

il,  132,  130,  134;  Interim  Plan,  July  25,  1808,  II,  225,126. 


* 


' 


77. 


interested  and  allied  departments,  then  to  the  department  of  fi- 
nance and  interior;  hut  in  case  of  the  latter  and  the  King's  initi- 
ations the  order  is  reversed.  Matters  involving  two  or  more  de- 
partments only  are  to  be  settled  by  representatives  of  those  depart- 
ments, or  by  special  conferences  thereof,  or  by  the  general  con- 
ference . The  debate  in  the  council  was  opened  by  the  representa- 
tive of  the  interested  department,  followed  by  those  of  the  allied 
departments,  then  became  general,  everyone  being  urged  to  partici- 
pate, until  a full,  clear  and  decisive  conclusion.  Most  of  the  mem- 
bers had  a vote.  In  case  of  a tie  either  the  head  of  finance  and 
interior  decided,  or  it  was  negatived.  The  King's  decision  is  de- 
livered orally  to  the  council,  drawn  up  in  proper  form,  and  entrust- 
ed to  the  interested  department  for  execution.  All  matters  during 
the  whole  procedure  ?/ere  carefully  recorded. 

The  functions  of  the  council  were  both  political  and  adminis- 
( 112 ) 

trative.  It  determined  under  the  King  the  policy  and  exercised  a 
supervision  and  control  over  its  execution  through  heads  of  depart- 
ments and  superior  officials  and  periodic  reports.  It  enacted, 
amended,  and  repealed  laws;  decided  departmental  and  inter-depart- 
mental  matters,  doubtful  points  of  interpretation,  and  cases  sub- 
mitted by  the  King;  considered  appointments  and  salaries,  military 
affairs,  foreign  relations,  general  police,  public  income,  and  jus- 
tice; and  made  rules  of  order.  Many  of  these  functions  were  en- 
trusted to  an  inner  circle,  the  cabinet  of  the  Ordinance  of  Novem- 
( 113 ) 

ber  24,  1808,  consisting  of  the  ministers,  privy  state  councillors, 
two  heads  of  military  affairs,  etc. 


112.  Veraend.  Verfass.,  Nov. 24.  1808.  II,  694,  698,  692,  693; 

Interim  Plan,  July  25,  1808,  II,  125;  Vorschrift,  Aug.  25,  1808, 
II,  130,  136.  • ’ o 

113.  Veraend.  Verfass.,  Nov.  24,  1808,  II,  695,  696. 


- 


■ 


' 


. 


78. 


WAR  AND  DOMAIN  CHAMBERS. 

In  local  government  the  principal  collegiate  organ  of  unity 
and  responsibility^ was  the  war  and  domain  chambers  for  delibera- 
tion and  execution. 

(115) 

The  membership  was  to  consist  of  the  superior  president;  a 
president;  two  directors;  councillors;  and  estates  representatives 
who  participate  in  all  the  business,  rank  immediately  after  the  di- 
rectors, possess  a full  vote,  serve  on  conferences  with  the  coun- 
cillors, and  as  representatives  or  co-representatives  in  the  ver- 
bal or  written  presentation  of  business  or  the  expression  of  opin- 
ion. The  chief  forester,  stallmaster,  consistorial,  health,  forest, 
and  school  councillors  and  circle-councillor  attended  annually. 
Appointments  were  mainly  with  ^president  of  police,  dismissals 
regulated  by  special  rules;  revenue  collectors  were  to  have  scien- 
tific and  financial^ training,  and  practical  knowledge  of  taxation. 
Popular  re  rpsentatives  were  to  have  a prominent  part  in  all  the 

work  of  the  war  and  domain  chambers  as  a counter-poise  to  the  bu- 
reaucratic  element. 

The  superior  president  visited,  supervised  and  directed  sever- 
al chambers,  investigated  their  procedure,  forwarded  their  reports, 
decided  certain  cases.  A president  of  each  controlled  and  guided 
the  procedure  and  looked  after  the  presentation  of  business.  Two 
directors  had  immediate  charge  of  the  departments,  as  many  as  those 
of  finance  and  interior  grouped  into  two  sections,  each  consist- 
of  estates  representatives,  councillors  and  assessors,  holding 
meetings  for  discussing  their  own  jurisdiction.  Each  branch  had  a 

n^0L1richrdB^:g,t?8^p.T!.r!!"Lt!:.r!!.ord  P"bllc  OOP. 

II,’  671’.  A115t8Berieht,2Hov^238'l807  fiRS^fiRfi6^*  June  27’  1808 

fter,  Aug.  25,  1808,  II  679.  llT^Lelg;, i&f; 


79. 

respond  and  hold  interviews  with  other  authorities.  Subjects  con- 
cerning more  than  one  division  or  involving  the  administration  as  a 
whole,  reports  to  superior  authorities,  and  matters  pertaining  there- 
to, were  to  be  presented  to  the  college.  Technical  deputations  ex- 
isted where  necessary.  Provincial  consistories,  school  concessions, 

scientific  and  health  authorities,  post  and  excise  affairs  were  con- 

(118) 

nected  with  the  chambers. 

Matters  were  to  be  considered  in  division  and  conference. 

The  latter  met  once  a week  and  at  call  of  the  president,  who  was 
held  for  the  presentation  of  all  the  business.  The  same  was  the 
duty  of  the  directors,  also,  at  the  meetings  of  the  divisions,  once 
or  twice  a week  under  the  chairmanship  of  the  president.  Both, 
also,  were  to  preside  in  the  subdivisions.  Interdivisional  rela- 
tions were  tote  maintained  only  by  frequent  conferences,  and  per- 
(119) 

sonal  discussion. 

"The  functions  of  the  chambers  include  all  subjects  of  finance 
and  internal  administration  within  the  sphere  of  the  minister  of 
finance  and  interior,  as  far  as  possible."  In  some  cases  the  cham- 
bers acted  under  the  superior  president.  In  Berlin  they  supple- 
mented the  functions  of  the  police-directory  and  superior  presi- 
dent. Control,  also,  was  given  them  over  technical  management. 
Connection  with  the  corresponding  central  organs  was  maintained  by 
the  presence  In  the  chambers  of  directors  of  the  former  with  a 

vote  and  seat.  Special  technical  deputations  corresponded  to  those 

(120) 

of  the  central  administration. 

117. ( continued)  An  Schroetter,  Aug.  25,  1808,  II  671.  118.  Be- 

richt, Nov.  23,  1807,  II  665-668;  An  Schroetter,  June  27,  1808,  II, 
671;  Aug.  25,  1808,  II,  677;  Pro.  Mem.,  Oct.  15,  1807,  II,  35;  In- 
terim Plan,  July  25,  1808,  II,  121.  119.  Bericht,  Nov.  23,  1807, 

II,  669;  An  Schroetter,  June  27,  1808,  II,  671.  120.  Bericht,  Nov. 

23,  1807,  II,  662-64;  An  Schroetter,  Aug.  25,  1808,  II  677-79;  (Con. 


. 


- 


* 


. 

, 


' 

- - — — — 


80. 


"MAGISTRAT" 

The  third  collegiate  organ  of  unity  was  the  municipal  "Magis- 
trat.*’  Its  purpose  was  one  with  that  of  the  whole  municipal  organ! - 

y JL  W ala  M 

sati on . S ^6 in  s ideas  on  its  constitution  varied.  In  the  memor&n— 

(122) 

da  of  June  1807  he  condemns  an  elective  salaried" magistrat" of  per- 
manent tenure,  in  favor  of  an  elective  body  of  local  propertied 
burghers,  of  six  years  tenure,  without  pay,  except  the  treasurer, 
a life  official.  This  choice  would  be  confirmed  by  the  central  gov- 
ernment. The  number  of  members  would  depend  on  the  size  of  the  city. 

(123) 

In  a letter  to  Schroetter  of  July  17,  1808,  he  suggests  a mayor 
chosen  for  a term  by  the  central  government,  as  well  as  a treasurer, 
syndic,  city  president,  auditor,  and  board  of  public  works;  or  the 
last  four  officials  elected  by  the  burghers  under  the  approval  of 
the  central  government.  The  whole  body  of  the  "magi  str  at '’might  con- 
sist of  ten  members.  The  most  elaborate  presentation  of  the  con- 

( 124 ) 

stitution  of  the "magistrat "is  in  the  City  Ordinance  of  1808.  It 
was  to  consist  of  citizens  only,  men  of  insight  and  business  ex- 
perience of  at  least  twenty-six  years.  The  treasurer  must  possess 
property.  Twelve  year  members  were  to  devote  their  whole  time,  six 
year  part  time  to  the  work.  The  former  must  pass  an  examination. 
Close  relationship  by  blood  or  marriage  is  forbidden.  The  chief 
mayor  is  chosen  by  the  central  government  from  three  candidates  pre- 
sented by  the  council,  the  other  members  by  the  council,  confirmed 
by  the  provinial  police  authority.  A small  city  had  a paid  mayor 

120,  (continued)  Interim  Plan.  July  25,  1808,  II,  121.  121.  Bericht 

gv.  1,  1808.  II,  683-85:  Staedte-Ordnung, von  1808,  Altmann,  II,  25, 

* Pertz-Stefn,  I,  428.  123.  Pertz-Stein,  II  681- 

1808  18°8’  11 ' 682,  184  * Staedte  Vdning  von 


Mi 


. 


. 


81. 


and  councillor  as  treasurer  with  four  to  six  unpaid  councillors; 

increased  in  a middle  class  city  by  a syndic  and  from  three  to  six 

unpaid  councillors.  The  large  city  had  a chief  mayor,  four  or  five 

paid  councillors,  syndic,  treasurer,  with  twelve  to  fifteen  unpaid 

councillors.  Both  classes  of  councillors  might  be  increased. 

Paid  members  devoted  their  whole  time,  unpaid  served  part  time. 

Salaries  were  fixed  by  the  council.  Paid  members  were  eligible  for 

re-election,  or  for  a pension  at  a half  to  two-thirds  their  salary* 

(125) 

Very  little  is  said  about  organization.  It  is  to  be  inferred 
that  the  mayor  presided,  or  the  oldest  learned  councillor.  Pub- 
lic business  was  to  be  assigned  to  heads  of  departments;  certain 
matters  to  deputations  and  commissions  of  the  magistrate  councillors, 
and  citizens  under  control  of  the  "magi  str  at'.'  Routine  work  was  done 

by  a body  of  permanent  paid  officials,  chosen  by  the  magistrat. 

(126) 

The "magistrat "was  the  executive,  the  first  authority  in  the 
city,  under  the  provincial  police  authority.  It  had  initiative  in 
legislation,  appointing  power,  reception  of  petitions,  general  ad- 
ministration, admission  of  citizens,  registration  of  landholders, 
bestowal  of  artisan  privileges,  control  of  public  treasures,  ex- 
amination of  officials,  audit  of  accounts,  general  supervision  and 
control . 

INTER- DEPARTMENTAL  RELATIONS. 

(127) 

Unity  in  the  third  place  was  to  be  inter-departmental.  The 

ministers  maintained  inter-relations  through  the  council  of  state, 

personal  communi cat ions  and  conferences.  Certain  matters  must  be 

125.  Altmann,  II,  21,  23,  26,  27;  An  Schroetter,  July  17,  1808,  II, 
681.  126.  Bericht  of  November  1,  1808,  II,  685;  Altmann,  II,  19- 

32.  127.  Vorschrift,  August  25,  1808,  II,  136-138;  Ordinance, 

November  24,  1808,  II,  698-731. 


• Jl 


. 

t 

. 

. 

. 


82 


presented  in  the  council  of  state  for  the  royal  approval:  legisla-: 

• t'"  j 

tive  enactments  and  changes,  general  regulations,  modification  of 
fixed  rules,  budgetary  matters,  exercises  of  the  prerogative  of  grace 
Affairs  common  to  two  or  more  departments  were  submitted  to  special 
conferences  between  the  departments  concerned,  with  final  reference 
to  the  council  of  state,  if  necessary.  Between  one  minister  and 
another  the  dealing  was  direct.  Each  department  might  enter  into 
joint  action  with  any  other  on  matters  within  its  jurisdiction,  as 
foreign  affairs  with  industrial  police,  the  grand  chancellor,  gen- 
eral police.  The  same  applied  to  the  subdepartments  of  finance  and 
interior.  This  relation  was  specified  in  detail  or  stated  in  very 
general  terms,  as  general  police  was  to  work  with  industrial  police, 
public  health,  public  worship  and  instruction,  while  industrial 
police  was  to  act  with  the  other  departments.  The  enumeration  of 
relations  was  not  to  prevent  other  joint  action  if  necessary. 

CENTRAL  AND  LOCAL  INTERRELATIONS. 

(128) 

The  connection  between  the  central  and  local  organs  of  the 
central  administration  was  primarily  through  the  superior  presidents, 
by  means  of  reports  and  annual  and  special  visits  to  Berlin  to  con- 
fer with  the  central  authorities  and  among  themselves,  and  by  a 
close  relation  with  the  chambers  of  their  jurisdiction,  residing  at 
the  city  of  the  chief  chamber,  visiting  regularly  the  others,  draw- 
ing their  secretarial  force  therefrom,  availing  themselves  of  the 

advice  of  the  councillors  and  estates  representatives.  Another 
(129) 

connection  existed  through  the  chambers.  Each  chamber  acted  as  a 

l28.  Bericht,  Nov.  23,  1807,  II,  645.  129.  Bsricht.  Nov.  23,  1807, 

II,  662,  664,  650-53,  662-664,  669,  666,  670;  Ordinance,  Nov.  24, 

1808,  II,  705,  721,  713. 


- * 

■X 


* 


. 


♦ 


- 


• - - 


83. 


consistory,  school  authority,  mining  deputation,  provisional  health 
authority,  local  organ  of  domains  and  forests,  and  of  general  police 
and  finance.  The  chambers  might  act  in  the  name  of,  or  upon  the 
commission  of,  the  superior  president  in  direct  connection  with  the 
central  authorities,  were  to  admit  to  a seat  and  vote  a represen- 
tative of  the  central  organ  of  certain  branches  of  administration, 
such  as,  mines  and  mining,  excise,  forests,  post  affairs,  etc.,  and 
to  maintain  a close  connection  with  the  central  deputations  through 
corresponding  local  organs.  On  the  other  hand  the  relation  be- 
tween the  chambers  and  the  circles  was  through  the  circle -council- 
lors, who  were  to  meet  annually,  or  oftener,  with  the  chamber  of 
their  district,  discuss  their  special  work,  receive  verbal  instruc- 
tions, and  confer  among  themselves  on  matters  needing  uniformity. 

The  relation  between  the  city  and  the  central  government,  as 

stated  in  the  Report  of  November  1,  1808,  and  the  city  ordinance  of 
(130) 

the  same  year,  Was  that  of  supervision  over  its  constitution,  re- 
sources, and  accounts,  to  protect  the  state  and  compel  the  obser- 
vance of  the  law.  It  involved  the  state’s  aquisition  of  informa- 
tion on  city  affairs,  confirmation  of  ordinances  and  choice  of  mem- 
bers of  the  "magistrat" , settlement  of  grievances,  control  of  the 
"magistrat"  for  police  purposes,  and  reception  of  reports.  This 
gave  many  opportunities  for  interference  with  municipal  affairs. 

DEPARTMENTAL  DIVISIONS. 

(131) 

The  second  principle  Stein  applied  in  his  administrative  re- 

130.  Pertz-Stein,  II,  685;  Altmann,  II,  5.  131.  Bericht,  Novem- 

ber 23,  1807,  II,  644,  661,  668;  Pro  Mem.  Oct.  15,  1807,  II,  32; 
Anzeige,  Sept.  26,  1808,  II,  242;  Interim  Plan,  July  25,  1808, 


. 


- 


. 


84. 


form  was  that  of  departmental  individuality;  that  effective  adminis- 
tration was  dependent  upon  a separation  of  public  affairs  into  well 
marked  divisions,  each  under  an  individual  official,  constituting 
a whole  as  well  as  a part  in  relation  with  the  other  divisions  and 
the  subordinate  authorities.  Of  the  two  bases  of  division,  subject- 
matter  and  territory,  the  former  seemed  preferable,  '^here  were 
five  different  plans  of  division,  three  defining  interior  and  finan- 
cial affairs  and  implying  three  other  departments,  and  two  giving 

(132) 

a more  extended  survey,  the  one  as  far  as  the  war  and  domain  cham- 

(133) 

bers,  the  other  no  farther  than  the  central  administration,  but 

(134) 

very  minutely.  The  plan  suggested  in  the  memoranda  of  June,  1807, 
is  wholly  confined  to  the  general  directory.  There  are  two  chief 
divisions,  income  and  police,  each  consisting  of  four  subdivisions 
on  the  basis  of  subject  matter. 

(135) 

In  the  Comments  of  October  15,  1807,  published  soon  after 
Stein  entered  office  a second  time,  the  general  directory  has  be- 
come the  finance  and  police  department,  the  same  two  main  divisions 

as  in  the  nrevious  plan,  with  similar  subdivisions.  The  Interim 

(136) 

Plan  of  July  25,  1808,  also  made  at  the  time  of  the  French  occupa- 
tion and  temporary  in  character,  provided  for  a first  minister  in 
control  of  the  whole  administration,  as  head  of  interior  affairs. 

The  general  directory  of  the  first  plan  and  the  finance  and  police 
department  of  the  second  became  the  general  finance  and  police  de- 
partment of  the  third,  embracing  everything  save  foreign  and  mill- 

£ps 

132.  Bericht,  Nov.  23,  1807,  II,  648-69..  133.  Ordinance,  Nov. 

24,  1808,  II,  689-736.  134.  Pertz-Stein,  I,  420-22. 

135.  Pertz-Stein,  II,  32. 

136.  Pertz-Stein,  II,  112  ff. 


. 


“ 


- 

. 

■ 


85. 


tary  affairs  and  justice.  This  plan  was  actually  in  operation  only 
a short  time. 

(137) 

The  Report  of  November  23,  1807,  of  which  the  previous  plan 
was  the  practical  application,  included,  as  well,  the  superior  pres- 
ident and  war  and  domain  chambers.  There  were  four  departments, 
finance  and  interior,  foreign  affairs,  war,  and  justice,  at  the  head 
of  each  a minister,  that  of  finance  and  interior  being  the  leader. 
This  department  was  divided  into  eight  subdepartments,  each  under  a 
privy  state  councillor,  and  two  subdivisions . A similar  arrangement 
is  observed  in  the  war  and  domain  chambers . But  the  most  elaborate 

organization  plan,  though  confined  wholly  to  the  central  adminis- 

(138) 

tration,  is  the  Ordinance  of  November  24,  1808.  There  are  five  de- 
partments, interior,  finance,  foreign  affairs,  war,  and  justice, 
with  audit  and  technical  administration  depending  directly  upon  the 
council.  In  the  interior  department  there  are  six  sub departments , 
one  under  the  minister  and  five  under  privy  state  councillors;  in 
finance  three  similarly  arranged.  This  plan  seems  to  embody  Stein’s 
final  idea  of  the  best  organization.  His  successors  adopted  it 
with  modifications.  Finally,  departmental  organization  was  employ- 
ed in  the  municipalities,  as  shown  by  scattered  references  as  well 

(139) 

as  the  provisions  of  the  City  Ordinance  of  1808. 

TECHNICAL  COMMISSIONS. 

(140) 

The  third  principle  to  be  applied  in  the  reforms  was  that  of 
technical  deputations  for  the  central  and  provincial  administra- 
tions. In  the  former  provision  was  made  for  seven  deputations  of 
137.  Pertz-Stein,  II,  648-69.  138.  Pertz-Stein,  II,  689-738. 

139.  An  Schroetter,  July  17,  1808,  II,  681.  140.  Anzeige,  Sept.  26, 

1808,  II,  242;  An  Schroetter,  Aug.  25,  1808.  II,  677;  Ordinance  of 
Nov.  24,  1808,  II»  708,  'll,  }19,  >20,  >27/30. 


. 


86. 


Domains  and  Forests,  Trade  and  Industry,  Mines  and  Mining,  Pub- 
lic Health,  Instruction,  Works,  and  Agriculture.  The  general  cha- 
racter is  vaguely  described.  The  membership  consists  of  scientifi- 
cally trained  men,  practical  men  of  affairs,  men  from  various  other 
departments,  state  officials,  and  cousulting  members,  occasionally 
admitted  for  special  advice.  Their  functions  involve  the  investi- 
gation of  their  line  in  its  bearing  on  public  affairs,  the  offer  of 
expert  advice  on  request  or  their  own  initiative,  the  discharge  of 
commissions  on  short  notice,  reports  on  condition  of  their  depart- 
ment, cnarge  oi  educational  institutions,  and  examination  of  can- 
didates for  departmental  positions.  To  each  deputation  is  given 
unrestricted  access  to  all  the  information,  resources  and  assis- 
tance of  its  own  and  other  departments.  The  matter  of  organization 
is  rather  vaguely  hinted  at  in  various  expressions,  but  never  tho- 
roughly explained.  Finally,  a deputation  may  be  called  upon  to 

furnish  aid  to  departments  other  than  its  own. 

(141) 

Similar  deputations  were  to  be  established  in  the  war  and  do- 
main chambers  where  circumstances  permitted  and  need  demanded. 

The  necessary  arrangements  were  to  be  made  for  their  correlation 
with  those  of  the  central  government.  The  necessary  data  were  to 
be  furnished  by  the  war  and  domain  chambers.  Periodical  conferen- 
ces for  deliberation  or  instruction,  or  special  meetings  with  the 
chamber  were  to  be  held. 

POPULAR  PARTICIPATION- -THE  ESTATES. 

The  fourth  principle  of  organization  is  that  of  popular  parti- 
cipation in  government  affairs.  The  anplication  of  this  is  not  elab- 
orated to  any  great  extent,  except  in  the  City  Ordinance  of  1808. 

141.  Bericht,  Nov.  23,  1807,  II,  668,  670;  Ordinance,  Nov.  24, 

1808,  II,  720. 


*- 

. 


. 


. 


87. 


A few  times  in  the  various  documents  of  the  period  mention  is  made 
of  it,  hut  mostly  to  explain  its  usefulness,  rather  than  to  define 

its  application.  Yet,  some  few  applications  are  made.  Estates 

^ . ( 142  ) 

representatives  are  to  be  admitted  to  the  lav/  commission,  to  have 

a practical  par uicipation  and  influence  upon  the  administration, 
full  charge  of  the  business  adapted,  to  their  capacity,  and  advise 
and  cooperate  at  the  request  of  the  superior  president.  They  are 
to  have  a proper  share  in  the  activities  of  the  chambers,  partici- 
pate in  all  their  business,  rank  next  the  directors,  possess  a full 

vote,  serve  on  conferences,  make  verbal  or  written  presentations  of 

(143) 

business  or  expressions  of  opinion.  Intelligent,  experienced  citi- 
zens make  better  estates  representatives  than  learned  men.  Law- 
yers should  be  as  few  as  possible.  No  salary  should  attach  to  mem- 

(144) 


bership  in  the  estates.  The  principle  of  national  representation 

should  be  firmly  established  before  organizing  the  people  in  the 
(145) 

chambers.  A representative  system  to  give  the  nation  a real  par- 
ticipation in  legislation,  should  be  included  in  a general  plan  for 

(146) 

civil  administration.  Every  active  citizen  possessing  land,  or 

interested  in  agricultural, industry , or  commerce,  has  a right  to 
( 147 ) 

representation.  These  all  refer  to  action  by  the  estates  or 
through  representatives  thereof  on  some  administrative  board,  such 
as  the  chambers.  The  notices  are  disconnected,  brief  and  touch  on 
only  part  of  the  application  of  this  principle, 

142.  Pro  Mem.  Oct.  15,  1807,  II,  35.  143.  Bericht,  Nov.  23,  1807, 

II,  647,  *57,  '61,  '62,  *65,  ’66.  144,  An  Schroetter,  July  17, 

1808,  II,  680.  145.  An  Schroetter.  June  27,  1808,  II,  672*1 

146.  Anzeige,  Sept.  26,  1808,  II,  242;  Stein's  Pol.  Test.,  II,  311. 

147.  An  Schroetter,  June  27,  1808,  II,  674. 


. 


- 


88 


MUNICIPAL  INSTITUTIONS. 

Popular  participation  acts,  also,  through  city  government.  Ex- 
cepting the  City  Ordinance  of  1808,  there  are  some  references  in 
other  documents,  There  are  to  be  an  elective  "magistrat"  of  defi- 
nite tenure,  secretary,  and  treasurer,  citizens*  representative 
for  advice  and  control  and  defim Lte  regulations . All  permanent  re- 
sidents are  to  have  a share  in  the  city  government,  except  those 
guilty  of  crime;  even  widows  managing  their  husbands’  business  par- 
ticipate. Artisans  should  be  preferred  over  the  learned,  and  law- 
yers  excluded  as  far  as  possible.  The  "magistral"  is  to  consist  of 
several  members  with  limited  tenure,  except  the  rendant  and  syndi- 
cus  ?/ho  hold  for  life.  A city  president  is  to  be  chosen  by  the  King 
for  six  years.  There  should  be  ten  councillors,  at  least,  for  a 
better  division  of  business.  The  council  is  to  control  property 
and  finance,  charity,  education  and  police.  The  citizens  choose  the 
"magistrat",  free  the  city  from  the  tutelage  of  the  chambers,  take 

an  active  part  in  city  administration,  supervise  expenditure,  exact 
(149) 

an  audit.  They  have  the  whole  administration  of  their  common  af- 
fairs. The  State  guards  its  own  interests  and  the  administration 

(150) 

of  the  laws,  keeps  order,  and  looks  after  the  city  property,  com- 
missions magistrates,  and  decides  disputed  points.  The  council, 
consisting  of  citizens  chosen  for  three  years,  makes  administrative 
regulations,  chooses  officers  and  controls  them.  The  "magistrat" 
has  the  whole  administration,  under  which  the  district  president 
acts.  Special  affairs  are  entrusted  to  deputations  consisting  of 

members  of  the "magistrat "and  citizens.  The  "magistrat"  acts,  also, 

148.  An  Schroetter,  July  17,  1808,  II,  680-82.  149.  Anzeige, 

Sept.  26,  1808,  II,  243.  150.  Report  of  Schroetter  and  Stein, 

Nov.  1,  1808,  II,  685. 


. : 


. 


* 


. ' 


89. 


as  a state  board  for  police. 

These  references  contain  many  provisions  of  the  City  Ordinance 
of  1808.  The  "magistrate , council,  district  president,  deputations 
are  all  mentioned,  with  their  jurisdictional  spheres.  The  politi- 
cal people  are  indicated  with  some  definiteness.  The  part  the  cen- 
tral government  is  to  play  is  outlined.  The  whole  exhibits  a gov- 
ernment of  the  citizens  under  state  supervision.  Much  freedom  and 
many  privileges  are  accorded  with  strict  regulations  for  their  en- 
joyment . 

(151) 

According  to  the  City  Ordinance  of  1808,  a citizen  is  one  who 
possesses  citizen  rights,  capability  to  pursue  an  industry  and  pos- 
sess landed-property  within  the  city's  police-district,  to  take 
part  in  the  election  of  councillors,  hold  city  offices,  and  enjoy 
the  honors  incident  to  administration.  They  are  bestowed  upon 
householders  of  good  character  engaged  in  industry,  by  the  "magis- 
tral" with  concurrence  of  the  council,  on  oath  to  maintain  this  or- 
dinance, further  the  best  interests  of  the  city,  contribute  to  its 
maintenance,  assume  a share  of  its  burdens  in  public  office  and  per- 
sonal service.  Citizenship  is  lost  by  changing  residence  or  leav- 
ing ?d.thout  naming  a substitute  or  being  guilty  of  some  criminal 

(152) 

offence.  The  "magistral"  consists  of  paid  and  unpaid  members  from 
the  citizen  body,  serving  tvrelve,  six,  or  three  years:  a mayor 

and  treasurer  with  four  to  six  unpaid  members  in  small  cities;  the 
same  plus  a syndicus  with  seven  to  twelve  unpaid  members  in  a mid- 
dle class  city;  and  a mayor,  one  or  two  learned  members,  a secre- 

151.  Altmann,  II,  Staedte-Ordnung,  Sec.  14 — 39. 

152.  Altmann,  II,  Staedte-Ordnung,  Sec.  140,  157,  127,  169,  170, 

174,  175,  177,  178,  189,  118. 


. 


. 


. 


t‘ 


90. 


tary  of  construction,  syndicus,  and  treasurer  with  twelve  to  fifteen 
unpaid  members  in  a large  city.  The  mayor  or  eldest  learned  member 
presided.  Paid  members  were  chosen  and  might  be  increased  by  the 
council  and  provincial  police  board  from  substantial  citizens  over 
twenty-six,  except  the  superior  mayor,  chosen  by  the  King  from  three 
candidates  submitted  by  the  council.  The  salary  is  determined  by 
the  council.  The  twelve-year  officials  receive  pensions.  The 
"magistrat"  has  general  jurisdiction  of  all  the  affairs  of  the  com- 
munity; and  oversight  of  the  whole  administration  and  such  special 
branches  as  involve  peculiarly  law  and  constitution.  It  is  respon- 
sible for  national  laws;  has  the  initiation  of  regulations;  con- 
firms the  membership  of  the  deputations,  the  "magistrat",  and  dis- 
trict presidency,  with  a voice  in  choosing  the  citizen-members  of 
the  first,  attends  to  all  complaints,  bestowals  of  citizenship, 
maintenance  of  the  citizens-roll ; affairs  of  industry  and  transpor- 
tation; the  treasury,  budget,  and  audit;  and  the  work  of  the  depu- 
tations . 

(153) 

The  membership  of  the  council  is  determined  by  the  "magistrat" 
within  the  number  prescribed  for  each  class  of  cities,  with  alter- 
nates up  to  a third  of  the  councillors.  The  choice  is  by  districts, 
every  citizen  on  the  roll,  drawn  up  by  the  "magistrat"  and  appro- 
ved by  the  council,  being  compelled  to  vote  and  to  accept  office 
from  his  district.  The  tenure  is  three  years  with  renewal  by  thirds. 
The  time,  place  and  manner  of  the  election  is  determined  by  the  "mag- 
istrat", The  choice  is  by  plurality.  No  salary  attaches  to  the  po- 

153.  Altmann,  II,  Staedte . Ordnung,  Sec.  70-107;  117;  113-116; 
119-121;  124;  129-132;  122,  123,  126,  127;  133-138. 


. 


■ 


91. 


sition,  only  expenses  and  social  standing.  A president  and  secre- 
tary are  chosen  annually  by  the  council  from  its  members,  ^here 
are  monthly  meetings,  with  special  sessions  for  urgent  needs.  Citi- 
zen and  councillor  have  the  initiative,  ^-wo-thirds  form  a quorum 
for  discussion  and  decision.  Committees  may  be  named.  Attendence 
on  the  sessions  is  compulsory.  Decision  is  by  absolute  majority, 
the  president  having  the  casting  vote  in  case  of  a tie;  all  deci- 
sions are  to  be  signed  by  the  president,  recording  secretary,  and 

at  least  six  other  members  before  being  sent  to  the  "magistrat . " 

(154) 

The  members  of  the  council  have  power  to  act  in  the  common 
interest  on  all  municipal  affairs  and  bind  the  citizens  in  respect 
to  the  common  property,  rights,  and  obligations.  The  council  may 
impose  upon  the  citizens  all  extra  expense  and  burdens  and  author- 
ize their  collection;  create  additional  paid  members  of  the  "magis- 
trat"  with  approval  of  the  provincial  police  body;  choose  in  the 
same  way  the  members  thereof,  except  the  superior-mayor  where  they 
submit  to  the  King  three  candidates  for  his  action;  criticize  the 
"magistrat 1 s"  choice  of  its  subordinate  officials;  to  determine  the 
salary  of  its  paid  members  and  its  officials,  choose  the  district- 
leader  and  his  alternate;  introduce  changes  in  standing  arrangements 
select  members  of  the  deputations  and  commissions.  The  council  is 
to  cooperate  with  the  provincial  and  police  boards  only  in  case  of 
conflicts  between  them  and  the  "magistrat"  and  its  deputations. 

All  financial  matters  come  in  one  way  and  another  within  its  juris- 
diction from  the  budget  to  the  audit. 

154 .Altmann,  II,  Staedte-Ordnune?,  Sec.  108-110;  111;  125,  127,  145, 
152,  153,  157;  158,  163.  164,  170,  175;  177,  188;  183;  184. 


V 


92. 


(155) 

The  district  leader  is  to  be  a local  resident  in  good  stand- 
ing, chosen  by  the  council  and  confirmed  by  the  "magistrat"  for  a 
term  of  six  or  three  years,  without  pay  or  immunities,  and  replac- 
able  by  a specially  chosen  substitute.  he  serves  as  an  under  offi- 
cial of  the  "magistrat" , within  his  district,  looking  after  police 
ordinances,  streets,  bridges,  wells,  watercourses,  lighting,  night 
watchmen,  public  places,  safety  institutions,  and  all  public  af- 
fairs, referring  to  the  proper  authority  defects  he  cannot  remedy. 

All  administrative  matters  are  cared  for  by  deoutations  and  commis- 

(156) 

sions,  made  up  of  councillors  and  citizens,  or  members  of  the  "mag- 
istrate, chosen  by  the  council  and  confirmed  by  the  "magistrat", 
without  salary  or  other  remuneration.  The  tenure  of  citizen  mem- 
bers is  six  or  three  years.  The  oldest  member  or  the  "magistrat" 
member  presides.  Each  has  an  equal  vote,  the  president  deciding  in 
case  of  a tie.  The  deputations  and  commissions  include  within  their 
jurisdiction  church  affairs,  schoolmatters,  charity,  fire-associ- 
ations, security  institutions,  sanitary  police,  transportation, 

treasury,  weights  and  measures,  and  service  affairs. 

(157) 

Local  police  matters  are  placed  in  the  hands  of  a special 

police  board  or  the  mayor,  to  act  with  higher  police  authorities, 

as  organs  of  the  central  government.  The  expenses  are  to  be  paid 

(158) 

by  the  citizens.  The  central  government  exercises  supervision  over 

the  city’s  constitution  and  resources,  by  examination  of  accounts, 

reception  of  petitions,  enactment  of  new  laws,  and  confirmation  of 

(159) 

members  of  the  "magistrat".  Both  the  "magistrat"  and  the  council 

155.Altmann,  II,  Staedte-Ordnung,  Sec.  163,  164;  182.  156.  Ibid., 

175-77 ; 181,  185-186;  179;  180."  157.  Ibid.,  Sec.  166-168. 

158.  Ibid.,  Sec.  1-2.  159.  Ibid.,  170-173. 


93. 


may  initiate  new  laws.  In  the  case  of  the  latter  the  bills  go  to 
the  magistral  and  with  its  opinion  to  the  local  police  board  for 
confirmation,  if  involving  fundamental  laws,  constitutional  pro- 
visions, regulations,  etc.  Other  affairs  may  be  confirmed  by  the 
"magi s tr at " alone . 

CIRCLE-COUNCILLOR . 

The  third  institution  of  popular  participation  in  government 

(160) 

was  the  circle-councillor.  Stein  says  very  little  on  the  subject. 
He  discusses  a conference  of  the  circle-councillors  in  the  Report 
of  November  23,  1807,  and  several  plans  in  a letter  to  Schroettsr 
of  June  27,  1808,  in  which  he  inclines  to  favor  the  English  justice 
of  the  peace  system  and  its  gradual  introduction  into  Prussia;  but 
the  obstacles  to  its  immediate  adoption  seemed  to  him  insuperable. 
This  official  already  existed  in  the  Prussian  system  as  the  elec- 
ted representative  of  the  circle-diet  in  which  the  nobles  predomi- 
nated. He  was  held  responsible  for  affairs  in  the  circle  and  came 
under  the  chamber^  jurisdiction.  As  Stein  assumes  his  continuance, 
it  seems  a fair  assumption  that  his  representative  character  will 
be  continued. 

CONCLUSION. 

The  organs  of  popular  participation  then,  are  the  estates, 
provincial,  circle,  and  eventually  national,  with  their  deputies 
in  the  chambers  and  the  law  commission,  the  circle-councillor,  and 
in  tne  municipality  the  "magistrate , council,  district-manager, 
deputations  and  commissions . The  people  might  take  part  in  govern- 
ment directly  by  choosing  members  of  the  estates  and  the  municipal 

160.  Pertz-Stein,  II,  666;  672,  673. 


■ 


94. 


council,  or  acting  on  these  various  organs  as  members;  or  indirect- 
ly through  the  members  elected  or  otherwise  chosen.  The  estates 
were  made  up  of  three  classes,  nobles,  peasants,  and  citizens  who 
chose  some  of  their  number  to  act  in  the  chambers  and  commissions. 

In  the  municipality  one  class  only  existed,  that  of  citizen.  Here, 
the  council  was  elected  and  chose  the  members  of  the  other  organs 
itself  or  in  conjunction  with  the "magi str at" . The  state  exercised 
over  all  this  popular  participation  a strict  control.  The  duties, 
especially  in  the  city  were  compulsory.  The  activities  permitted 
were  incorporated  into  the  existing  administrative  system  as  a check 
and  a source  of  information  over  against  the  bureaucracy.  Most  of 
the  services  thus  rendered  were  uncompensated.  The  persons  admit- 
ted to  this  participation  were  supposed  to  be  well  enough  off  to 
give  the  state  a portion  of  their  time  and  services.  For,  Stein’s 
political  people  all  had  one  characteristic  in  common,  that  of 
property,  either  landed  or  otherwise. 

During  this  period  of  service  in  Prussia,  Stein  had,  there- 
fore, worked  out  his  principles  of  government  in  respect  to  the  cen- 
tral and  local  administrations  and  popular  institutions,  and  at- 
tempted to  give  them  practical  application  in  some  form.  In  this 
he  was  not  uniformly  successful,  elaborating  more  minutely  the  in- 
stitutions of  unity  and  departmental  individuality,  than  those  of 
technical  administration  and  popular  participation.  Even  then, 
the  circumstances  were  so  heavy  against  him  that  his  work  was  very 
materially  modified.  Most  that  he  will  henceforth  have  to  say  Tfill 
be  about  imperial  organization  and  popular  participation.  Tech- 
nical commissions  cease  to  engage  his  attention.  The  needs  of  the 
empire  appealed  to  him  most  strongly  till  the  reactionary  success 


. 


95. 


at  Vienna.  During  the  later  years  local  popular  institutions  ab- 
sorbed most  of  his  interest. 

SECOND  DISMISSAL. 

( X6X  j 

Meanwhile,  the  successful  popular  uprising  had  occurred  in 
Spain,  July,  1308.  Count  Stadion  and  Archduke  Charles  of  Austria 
began  preparaiions  against  France.  Stein  then  decided  to  ally  with 
Austria,  appeal  to  England  for  a loan  and  subsidy  and  interest  Rus- 
sia and  Poland.  Scharnhorst,  Gso.eisenau  and  Stein  began  prepara- 
tions in  Silesia.  The  whole  matter,  with  advice  to  join  Austria, 
was  laid  before  the  King  by  Stein  in  July  and  Gneisenau  in  August, 
1808.  But  he  preferred  to  await  results  or  ally  with  Russia. 

Yet,  the  patriots  persisted  in  their  plan  to  arouse  and  lead  a na- 
tional insurrection  against  France.  The  state  of  affairs^n  Spain 
caused  Napoleon  to  withdraw  from  Prussia  French  troops,  and  check 
any  tendency  toward  independence  by  demanding  increase  of  war  con- 
tributions, shorter  times  for  payment,  recognition  of  new  Spanish 
King,  joint  action  with  France  against  Austria,  limitation  of  arma- 
ments. But  the  news  of  French  defeats  and  the  alliance  of  Spain 
and  England  determined  Stein  to  stand  by  the  March  convention,  re- 
call Prince  William,  let  Austria  in  on  the  negotiations  with  France 
and  inform  Russia  of  the  injustice  of  the  French  demands.  In 
September,  1808,  the  Czar  was  appealed  to.  He  promised  aid  at  Er- 
furt.  But  Napoleon  had  obtained  Stein’s  letter  to  Wittgenstein 
on  a public  loan  with  an  exposition  of  the  plans  of  the  patriots, 
forced  Prince  William  to  sign  a new  treaty  in  August,  1808,  and 
warned  the  King  to  let  Stein  go.  At  first  both  were  of  the  opinion 

161.  Lehmann's  "Stein"  II.  548-562. 

162.  Ibid.,  564. 

163.  Ibid.,  569. 


.... 


. 


; 


! 


’ t 


96. 


that  he  could  remain  if  excluded  from  foreign  affairs.  Again, 
the  Czar  was  appealed  to.  Later,  Stein,  under  the  conviction  that 
he  could  not  remain,  published,  September  26,  1808,  for  his  succes- 
sors, the  fundamental  principles  of  the  new  administration;  yet, 
assured  Russia  of  Prussia’s  immediate  assistance  on  the  first  hos- 
tile step,  and  continued  to  further  the  popular  uprising  in  Ger- 

(164) 

many.  On  September  29,  1808,  the  new  treaty  was  ratified  by  the 
King  without  Stein’s  knowledge.  Stein  proposed  a modification  in 
the  organization  of  the  central  administration  to  provide  an  un- 
obtrusive place  for  himself,  October  28,  1808.  But  by  November  7 

(165)  ’ 

1808,  he  was  demanding  his  dismissal,  as  his  work  was  nearing  com- 
pletion and  no  attention  was  paid  to  his  suggestion  of  October  28. 
Nevertheless,  his  advice  was  still  followed  in  state  affairs, 
though  the  King  communicated  through  writing  or  a third  person,  or 
acted  independently . Then  the  queen  joined  the  opposition  be- 
cause of  his  dissent  to  a visit  to  the  Czar  on  the  ground  of  ex- 

( 166 ) 

pense . This  extensive  opposition  at  home  and  abroad  now  became 
irresi stable  and  finally  brought  the  King  to  dismiss  him,  November 
24,  1808,  on  the  grounds  of  state  necessity.  A council  of  state 
was  organized  under  Altenstein  and  Dohna  in  which  Stein  put  some  of 
his  friends.  Then,  he  drew  up  his  political  testament  and  depart- 
ed from  Koenigsberg,  December  5,  1808,  to  seek  refuge  from  Napoleon. 
IN  AUSTRIA. 

(167) 

On  December  11,  he  was  in  Berlin,  considering  residence  at 
Breslau,  when  he  was  warned  of  his  proscription  by  Napoleon,  Dec- 
ember 16;  on  January  5,  1809,  he  decided  to  flee  to  Austria,  and 

164.  Lehmann’s  "Stein”,  II,  576.  165.  Ibid.,  580.  166.  Ibid., 59. 

167.  Ibid.,  Ill,  13. 


■ 


(168) 


97. 


appealed  to  the  King  for  financial  aid.  On  his  arrival  in  Prague, 
January  16,  1809,  he  secured  permission  to  reside  in  the  Austrian 
dominions  at  Bruenn.  His  rather  cool  reception  was  due  to  his  radi- 
calism and  the  anxiety  concerning  the  possible  attitude  of  Prus- 
sia toward  the  impending  hostilities  with  France.  For  Berlin  had 
been  denouncing  him  at  Vienna  as  a radical.  March  27,  1809,  the 
Austrian  leaders  with  popular  support  declared  war  upon  France • 
Hostilities  forced  the  retirement  of  Stein  to  Troppau,  July,  1809. 

In  November  he  returned  to  Bruenn  after  the  peace  between  Austria 
and  France,  October  14. 

Under  the  watchful  care  of  etternick,  Stein  took  up  his  res  — 
(169) 

idence  in  Prague,  June,  1810,  where  he  corresponded  with  the  Prus- 
sian leaders,  and  made  suggestions  to  the  Austrian  concerning  many 
matters,  but  without  success.  The  Dohna-Altenstein  ministry ^was 
inclined  to  continue  the  Austrian  alliance^  pay  little  attention  to 
the  internal  reforms;  and  met  its  overthrow  at  the  hands  of  the 
Queen  on  the  ground  of  alienating  land  in  Silesia  in  payment  of  the 
French  contributions.  In  the  Spring  of  1810,  Hardenberg  became 

chancellor  and  first  minister  under  the  approval  of  Napoleon* 

_ (171) 

On  May  28,  1310,  he  published  his  financial  plan.  The  opposition 

of  the  nobles  and  bureaucrats  necessitated  the  support  of  Stein’s 

party.  Sack  was  won,  but  Schoen  and  Niebuhr  criticised  the  plan. 

Not  being  able  to  come  to  an  agreement,  Niebuhr,  Schoen,  and  Har- 

. ^ (172) 

denberg  appealed  to  Stein  in  June,  1810.  In  his  reply,  August  2, 

1810,  Stein  endorsed  Hardenberg’ s ministry.  Much  to  his  dissatis- 

168.  Lehmann’s  "Stein",  III,  19.  169.  Ibid.,  41,  42,  45,  52,  54. 

170.  Ibid.,  54,  56.  171.  Ibid.,  57,  59,  61.  172.  Ibid.,  63,  67. 


W 


98. 


faction,  however,  he  failed  to  win  over  Schoen  and  Niebuhr  for  Har- 
denberg. 

(173) 

The  result  was  a modification  of  Hardenberg 's  financial  plan 

. ^ (174) 

in  his  new  program  of  September,  1810.  In  his  criticism  of  this 

program,  September  12  and  13,  1810,  Stein  suggested  some  concessions 

to  Niebuhr  and  Schoen.  Finally,  Stein  and  Hardenberg  met  at  Herms- 

dorf,  September  14,  1810,  but  there  exists  no  record  of  the  inter- 

(175) 

view.  When  completed  Hardenberg’ s reforms  included  a council  of 

state  soon  replaced  by  the  chancellor  and  a cabinet;  a financial 

plan  made  up  of  the  sale  of  the  domains,  secularization  of  church 

lands  with  reservations  for  worship,  schools,  and  charity,  poll  and 

income  taxes,  and  extensive  excises;  regulations  of  the  quartering 

tax;  some  attention  to  education  and  Catholic  church  reform:  and 

promise  of  a national  and  provincial  representation. 

(176) 

These  reform  efforts  were  in  the  main  supported  by  Stein  as  th< 
best  protection  to  his  own  work  and  a bulwark  to  the  liberal  ele- 
ment against  reaction  and  French  influence,  though  his  cooperation 
with  Hardenberg  continued  for  only  a short  time. 


173.  Lehmann’s  "Stein",  III,  73.  174.  Ibid., 

175.  Ibid.,  82-85.  176.  Ibid.,  94,  95. 


75ff, 81 • 


. 

. 


. 

r 


, 

■ 


. 


. • 


99. 


CHAPTER  IV — GERMAN  STATESMANSHIP. 


GENERAL  CHARACTER. 

The  German  period  in  Stein’s  political  career  really  begins 
with  the  popular  insurrection  in  Spain.  He  most  enthusiastically 
joined  the  movement  to  rouse  the  German  people  against  Napoleon, 
and  till  the  triumph  of  the  allies,  persistently  pursued  it,  never 
quite  giving  up  planning  constitutional  arrangements  for  a united 
Germany , Altnough  the  federal  act  at  Vienna  was  extremely  unsatis- 
factory to  the  patriots,  yet  they  saw  in  it  the  possible  realization 
of  their  plans,  provided  it  could  be  developed  along  liberal  lines 
for  local  and  national  institutions.  Both  these  objects  employ 
the  interest  of  Stein.  Most  of  his  utterances  on  German  affairs 
occur  early  in  the  period;  later  his  attention  is  taken  up  with 
state  constitutions  and  especially  popular  political  institutions, 
not  only  in  Prussia,  but  also  in  Bavaria  and  Nassau.  The  most  of 
his  material  on  popular  participation  in  government  dates  from 
this  period;  with  very  little  on  the  principles  of  unity,  depart- 
mental individuality,  or  technical  commissions.  During  most  of 
this  time  Stein  is  a private  citizen  in  close  touch,  nevertheless, 
with  the  leading  politicians  of  his  day,  and  sponsor  for  the  first 
three  Westphalian  estates  assemblies. 

EARLY  RUSSIAN  EXPERIENCES. 

Despite  his  German  activities  he  was  not  fully  disassociated 


from  Prussian  affairs,  till  rather  late  in  his  Austrian  exile,  from 
which  he  sought  escape  by  making  Russia  the  seat  of  his  operations 


- ' : - . • 


. 


(1) 


100. 


against  Napoleon,  Accepting  in  May,  1812,  the  special  invitation 

from  the  Czar,  Stein  was  in  Wilna  by  June  12.  He  refused  £o  enter 

the  Russian  service,  preferring  to  continue  the  preparation  for 

a German  uprising  by  disseminating  patriotic  literature,  enlisting 

German  soldiers,  forming  a German  legion  and  committee  of  four, 

issuing  a proclamation,  and  interesting  York,  Doernberp,  and  other 

(2) 

leaders.  Meanwhile,  Napoleon  entered  Russia, June  24,  1812.  Stein 

advised  the  aid  of  England  and  Sweden  for  landing  in  Germany  and 

an  understanding  with  Austria.  A month  later  he  had  followed  the 

( 3 ) 

Czar  into  Moskow.  By  July  27,  the  great  landholders  had  organized 
an  uprising  of  the  Russian  people  for  defense.  On  August  9,  he  fol- 
lowed the  Czar  into  St.  Petersburg.  The  German  committee  was  get- 
ting hostile  to  a popular  uprising  in  Germany  under  Peter  of  Olden- 

(4) 

burg.  August  30,  occurred  the  Convention  of  Abo  between  the  Czar 

and  Bernadotte,  providing  for  expeditions  into  Denmark  and  Germany. 

Despite  the  defeats  at  Smolensk,  August  17  and  19,  and  at  Borodino, 

September  7,  the  Czar  proposed  to  continue  hostilities  in  alliance 

with  England,  Prussia,  and  Sweden,  At  the  same  time,  Stein  handed 

(5) 

the  Czar,  September  18,  1812.  memoranda  of  a German  constitution. 

He  asserts  that  a strong  Germany  is  necessary  for  the  Deace 

of  Europe,  the  curbing  of  France  and  the  protection  of  Russia,  to 

be  secured  through  a united  German  monarchy,  a Prussian  monarchy 

north  and  an  Austrian  south  of  the  Main,  or  such  an  arrangement 

with  allied  territories.  The  old  German  monarchy  was  impossible, 

as  that  Y/ould  involve  the  restoration  ^ , . .. 

on  of  old  territorial  arrange - 

1.  Lehmann's  "Stein",  III,  128-137.  2.  Ibid. ””140-148 . 

sL^Til^WO-IL.  4‘  IMd'’  154  • 5’  Ibld-’  159  PSrtZ- 


. 


■1  mm 


101. 


ments  and  judicial  institutions,  or  an  impairment  of  the  imperial 
power,  through  loss  of  the  ecclesiastical  lands  and  free  cities. 

The  most  feasible  arrangement  was  an  alliance  of  Austria  and  Prus- 
sia with  a central  government  of  executive  departments  and  diet 
for  foreign  affairs,  finance,  war,  alliances,  and  religious  affairs. 
Till  the  war  should  be  over  he  suggested  the  establishment  of  an  ad- 
ministrative council  wi th  unlimited  powers  to  procure  men,  money, 
supplies,  transport  and  to  influence  public  opinion.  Thus,  Stein 
is  from  the  very  beginning  confronted  by  the  problem  of  reconcil- 
ing the  presence  of  Austria  and  Prussia  within  Germany.  A restor- 
ation of  the  German  Imperial  constitution  would  give  comparative 
superiority  to  Austria.  The  solution  is  an  alliance  with  a com- 
mon government . 

(6) 

The  catastrophe  of  Moscow  did  not  abate  the  determination  of 
the  Czar  to  continue  hostilities.  The  nation  offered  its  support. 
England  promised  aid  to  Sweden  and  Germany  in  money  and  men. 
Meanwhile,  Stein  was  making  plans  for  an  Italian  as  well  as  a Ger- 
man state,  and  the  union  of  Russia  and  Poland.  He  furthered  ne- 
gotiations with  Austria  and  Prussia,  urged  the  sending  of  Lord  Wal- 
pole ) secretary  of  the  English  legation  at  St.  Petersburg,  to  Vienna, 

(7) 

and  imparted  to  him,  November  1,  1812,  memoranda  on  a German  con- 
stitution and  a European  rearrangement  of  territory.  South  Ger- 
many was  to  be  organized  into  a Kingdom  under  Austrian  hegemony 
and  North  Germany  under  Prussian, with  constitutions.  On  the  17th 
Stein  sought  to  encourage  the  Czar  to  seek  alliance  with  Austria 
and  Prussia  for  the  immediate  freeing  of  Germany  through  another 


6.  Lehmann’s  "Stein",  III,  171,  194.  7.  Ibid.,  194, 


. 


> 


- 


102. 


(8) 

memoranda.  The  rulers  of  Austria  and  Prussia  were  alone  to  be  con- 
sidered in  the  approaching  reorganization,  while  the  others  were 
to  be  treated  in  accordance  with  the  best  interest  of  the  nation, 
freed  and  rendered  capable  to  oppose  France  and  secure  Europe 

against  the  attempts  of  any  irresponsible  power. 

(9) 

Stein,  then,  was  successful  in  bringing  the  Czar  from  a war 
of  defense  against  France  to  one  of  offense  against  Napoleon  to 
free  Europe.  December  18,  1812,  the  Czar  departed  from  St.  Peters- 
burg for  the  army,  followed  by  Stein,  January  4,  1813.  Stein  and 
the  Czar  were  united  in  desiring  the  restoration  of  a European 
balance  of  power  in  which  the  nations  as  such  were  to  have  a share, 
though  the  former  was  working  for  a united  Germany,  and  the  latter 
for  an  independent  Russia.  Poland  might  wreck  this  plan  through 
a conflict  of  interest  in  the  Czar's  promise  of  a united  Poland, 

and  the  territorial  interests  of  Austria  and  Prussia,  both  neces- 

(10) 

sary  to  a successful  alliance  against  France.  Moreover,  the  Prus- 
sian King  and  government  were  against  a general  uprising,  prefer- 
ring an  alliance  of  France,  Austria,  Prussia,  and  Russia  on  the 
basis  of  Lueneville. 

TAUROGGEN,  KOENIGSBERG  AND  BRESLAU. 

(11) 

The  convention  of  Tauroggen,  De ©ember  30,  1812,  between  Gen- 
eral York  of  the  Prussian  contingent  and  the  Russians  opened  up 
the  country  to  the  Vistula  and  associated  Prussian  troops  with  the 

Russian  operations.  Then  Stein  was  given  full  power  by  the  Czar 

(12) 

to  go  to  Koenigsberg  for  the  purpose  of  winning  over  Prussia  and 

8.  Lehmann's  "Stein','  III,  198.  9.  Ibid.,  201.  10.  Ibid.,  214. 

11.  Ibid.,  215.  ISlMcl.,  219,  222,  225,  226,  230-32. 


. 


— — 


103. 


assembling  tLe  resources  o i East-  and  est  Prussia.  On  bis  arrival, 
January  22,  1813,  he  1 ound  citizens,  peasants,  and  many  nobles 
for  action  with  Russia.  Despite  the  opposition  of  the  nobles  and 
bureaucracy  Stein  secured,  January  24,  the  diet  for  February  5, 
1813,  to  arm,  an  expression  of  thanks  to  the  Czar,  loyaltv  to  the 
King  and  urgency  for  elections  from  an  estates  convocation,  volun- 
tarily summoned  by  Groeben;  and  the  abolition  of  the  continental 

system,  a loan  for  York  from  the  merchants,  and  the  introduction 

(13) 

of  Russian  paper-money.  ihe  diet  passed  a defense  law,  embodying 

Hr. 

the  chief  provisions  suggested  by  Stein,  a revolutionary  act  with 

the  full  sympathy  of  popular  opinion.  On  his  return  to  Russian 
( 14 ) 

headquarters,  February  7,  1813,  he  proposed  to  go  to  Breslau  to  ne- 
gotiate an  alliance  with  Prussia,  while  the  military  cleared  Ger- 

( 15 ) 

many  to  the  Elbe.  Meanwhile,  the  Prussian  negotiations  with  Russia 
through  Knesebeck  for  an  alliance  on  the  territorial  arrangements 
of  1806,  and  a part  of  the  Grand  Dutchy  of  Warsaw,  with  an  armis- 
tice, came  to  nothing  through  the  retreat  of  the  French  to  the  Oder 

and  the  dominance  of  the  Prussian  war  party  under  Scharnhorst.  At 

(16) 

this  time  Stein  set  out  for  Breslau  with  letters  and  a plan  of  al- 
liance based  on  the  Prussian  position  previous  to  1806,  and  very 
high  recommendations  from  the  Czar.  In  respect  to  the  alliance, 
Stein,  February  27,  1813,  was  successful  despite  his  cold  reception 
and  ill  health.  But  his  attempt  to  extricate  the  King  from  his  re- 
actionary surroundings  failed. 

13.  Lehmann’s  "Stein",  III,  236-40. 

14.  Ibid.,  243,  244. 

15.  Ibid.,  248. 

16.  Ibid.,  251,  254-256,  269. 


104. 


ADMINISTRATION  OP  CONQUERED  TERRITORY. 

(17) 

Contemporary  with  the  Prussian  negotiations,  those  with  Aus- 

tria  had.  separated  the  Austrian  contingent  from  the  French  army. 

For  the  disposal  of  the  conquered  parts  of  Germany  outside  Prussia 

(18) 

and  Hanover,  Stein  suggested  a central  administrative  board  com- 
posed of  one  representative  each  for  the  allies,  with  unlimited 
power  to  assemble  the  resources  of  the  land,  limited  popular  par- 
ticipation through  trusted  local  men;  establishment , instruction  and 
supervision  of  provisional  administrations;  division  into  five  sec- 
tions, each  with  a civil  and  a military  governor  and  militia  for 
home  defense,  which  plan  formed  part  of  a proclamation,  March  25, 
1813,  inviting  the  princes  and  people  to  aid  in  freeing  Germany. 

Of  this  board,  Stein  was  made  temporary  president.  After  his  re- 
( 19 ) 

turn  in  March  or  April,  1813,  to  Russian  headquarters,  he  put  a se- 

(20) 

ries  of  questions  to  Gagern  on  the  German  constitution.  The  first 
problem  was  to  find  a place  for  a privileged  class  such  as  the  prin- 
ces, if  they  deserved  perpetuation,  in  a free  nation.  Next,  was 
to  create  an  imperial  power  strong  enough  to  exact  obedience  from 
the  large  states,  and  a judicial  power  able  to  enforce  its  judgements 
against  the  powerful  classes.  The  third  was  that  of  the  army  and 
where  to  lodge  the  power  to  declare  war  and  make  peace..  The  fourth 
was  the  making  of  laws  and  the  administration  of  finance.  Lastly, 
how  could  the  whole  constitution  be  pervaded  with  strength,  unity, 
and  nationality?  Nothing  is  said  about  a diet,  or  administrative 
officials . 

17.  Lehmann’s  "Stein",  III,  270.  18.  Ibid.,  260;  Pertz-Stein, 

III,  314-15.  T9.  Ibid.,  272.  20.  Pertz-Stein,  III,  664,  665. 


105. 


(21) 

Stein  now  became  very  busy  on  the  recently  created  central  ad- 
ministrative board.  In  Dresden  he  failed  to  secure  an  alliance 
through  the  strong  influence  of  Austria.  In  Mecklinburg  he  estab- 
lished a civil  and  military  governor  to  raise  money  and  troops  and 
secure  a loan,  despite  the  Duke’s  opposition;  in  Denmark  his  efforts 
to  turn  neutrality  into  an  alliance  ran  counter  to  the  Czar’s  ef- 
forts to  secure  Norway  for  Bernadotte . Yet,  the  fact  that  Austria 

(22) 

and  Denmark  were  still  neutral  on  Napoleon's  appearance  in  Germany, 
May  1,  1813,  Saxony  and  Poland  undecided,  Bernadotte  at  Stockholm, 
military  operations  lagging  through  Russian  procrastination,  and 
that  French  victories  established  the  Elbe  frontier,  failed  to  under- 
mine Stein’s  confidence  in  the  spirit  of  the  troops,  the  hope  of  re- 
enforcements and  the  ultimate  alliance  with  Austria.  May  13, 

(23) 

Stadion  appeared  in  the  allied  camp  with  assurances  of  aid;  June 
14  and  15,  an  alliance  was  made  with  England  for  subsidies  for  Rus- 
sia and  Prussia;  and  June  27,  occurred  the  alliance  of  Austria, 
Russia  and  Prussia. 

MEMORANDA,  AUGUST- SEPTEMBER,  1813. 

(24) 

Meanwhile,  Stein's  influence  with  the  Czar  began  to  wane. 
Important  negotiations  were  carried  on  with  Austria  and  France  with- 
out his  knowledge;  an  armistice  was  negotiated  unbeknown  to  him 
and  later  extended  by  Metternich.,  despite  his  high  displeasure. 

In  August  war  was  decided  upon  by  Napoleon,  the  Prague  Congress 
came  to  an  end  and  the  provisions  of  the  treaty  of  Reichenback  au- 
tomatically began  to  operate.  Again,  reverting  to  the  constitu- 
(25) 

tion  of  Germany;  and  acknowledging  the  impossibility  of  a unitary 

21.  Lehmann’s  ’’Stein”,  III,  281,  287,  289.  22. Ibid.,  290-95. 

23.  Ibid.,  295,  296,  301.  24.  Ibid.,  296,  297,  301.  25.  Ibid., 

309  ff.;  Pertz-Stein,  III,  415;  IV,  125. 


I- 


o 


* 


106. 


state,  Stein  suggests  a close  alliance  of  Prussia,  Austria,  and 
Germany,  mutually  guaranteeing  their  integrity  and  constitutions. 

The  central  government  had  jurisdiction  over  justice,  war,  peace, 
army,  foreign  affairs,  coinage,  and  tariffs,  through  the  three  de- 
partments of  war,  interior  and  finance,  with  sub-boards  in  the 
states.  An  Austrian  emperor,  with  executive,  judicial,  and  legis- 
lative functions  was  provided:  a diet  at  Regensburg  of  three  estates 
for  legislation  and  taxation;  a system  of  courts;  state  governments, 
partly  imperial  deputations  and  partly  local,  for  interior  police, 
education,  worship,  justice,  finance  and  military  affairs;  princes 
with  the  same  limitations  as  the  emperor;  and  estates  for  legis- 
lation and  taxes.  Here,  the  problem  of  Austria  and  Prussia  is  met 
by  allying  them  with  a third  power,  Germany.  The  central  govern- 
ment is  complete  in  its  sphere,  the  state  governments  subordinate.. 
Full  executive,  legislative,  and  judicial  institutions  are  provided, 
as  well  as  unity,  departmental  individuality,  and  popular  partici- 
pation. Yet,  in  the  presence  of  Austria  and  Prussia,  no  central 
power  could  be  made  sufficiently  strong.  There  was  too  much  crude- 
ness, too  many  conflicting  interests. 

(26) 

After  the  defeat  of  Napoleon  at  Lepzig,  October  18,  1813,  the 
central  administrative  board,  under  the  influence  of  ivietternich  and 
Schoen,  was  made  a department  with  Stein,  advised  by  a council  of 
diplomats  under  Hardenberg,  at  its  head.  This  October  convention 
differed  from  the  March  in  substituting  a single  person  for  a board, 
creating  local  institutions,  encouraging  popular  support,  and  ad- 
ministering the  conquered  territory  without  reference  to  the  al- 


26.  Lehmann’s  "Stein",  III,  318,  322,  336,  340. 


. 


- 


• : !'  t 

■ 


— 


107. 


liance.  The  consequent  absences  of  Stein  from  the  presence  of  the 
Czar  was  improved  by  Metternich  to  increase  his  influence.  'Hie 
two  differed,  especially,  in  the  policy  to  be  pursued  toward  Na- 
poleon, Stein  with  the  war  party  for  his  overthrow,  Metternich  for 
his  retention  in  France  with  limitations.  To  the  former  opinion  the 
Czar  gave  his  adherence  after  the  march  of  the  Austrians  into  neu- 
tral Switzerland. 

HUMBOLDT’S  MEMORANDA. 

Amid  the  multiplicity  of  duties  incident  to  the  campaign  a— 

gainst  Napoleon,  Stein  still  found  time  to  discuss  the  constitu— 

(27) 

tional  organization  of  Germany.  In  his  Comments  on  Humboldt’s 
Memoranda  of  a German  constitution,  he  suggests  a confederation 
with  Austria  and  Prussia  dominating.  There  are  to  be  an  executive 
committee  or  directory;  a diet  for  customs,  coinage,  fortresses, 
security  police,  posts  and  troops;  local  diets  for  legislation  and 
taxation;  personal  freedom,  residence  and  service;  security  of  pro- 
perty, life  and  honor;  independence  of  the  courts  through  public 
trials,  appointment  of  judges  by  the  estates  and  princes,  and  dis- 
missal through  judicial  process.  Emphasis  is  placed  upon  personal 
freedom  and  property  and  the  assured  position  of  the  princes. 

This  seems  the  better  method  of  organization,  the  only  one,  in  fact, 
with  Austria  and  Prussia  included.  Stein’s  request  of  the  Czar 
for  a committee  to  consider  his  suggestions  was  refused  through 
fear  of  Austria. 

(28) 

Meanwhile,  the  allies  kept  advancing  and  negotiating.  The 
27.  Lehmann’s  ’’Stein',’  III,  347  ff.  28.  Ibid.,  351-361. 


108. 

Frankfort  Manifesto,  December  1,  1813,  conceded  the  natural  bounda- 


ries of  France.  The  congress  of  Chatillon  declared  for  the  pre- 
revolutionary boundaries,  the  complete  evacuation  of  Italy,  Ger- 
many and  Switzerland.  Coulaincourt  accepted  these  conditions  for 
an  armistice  and  the  return  of  the  garrisons,  to  be  repudiated  by 
transient  successes  on  the  Seine  and  Marne.  The  allies  then  re- 
newed their  alliance  at  Ghaumont , a triumoh  of  the  military  party. 

(29)  ' “ 

Though  Stein,  pushed  back  to  Dijon,  lost  influence  upon  the  Czar 

ana  the  course  of  affairs,  yet  in  March  the  allies  came  out  for  a 
German  confederation,  the  appointment  of  a committee  by  July  1, 
and^a  constitution  by  December  1,  1814.  On  April  9,  Stein  was  in 
Paris,  working  with  Gneisenau  and  Humboldt  to  secure  the  constitu- 
tional and  territorial  reconstruction  of  Germany,  but  in  vain.  He 
left  June  3,  1814,  for  Nassau.  then  for  Frankfort  to  continue  the 
government  of  the  conquered  territories. 

GHAUMONT  MEMORANDA. 


Meanwhile,  Stein  had  put  forth  at  Chaumont,  March  10,  1814, 

„ (31) 

another  Memoranda  of  Germany's  future  constitution".  It  provided 

a general  and  several  local  constitutions  to  fix  the  relations  of 
the  constituent  parts,  their  rights  and  obligations,  interior  or- 
ganization, and  limitations  of  sovereignty;  an  assembly  of  the  state: 
or  diet  to  pass  upon  political  interests,  legislation,  civil  and 
military  institutions,  and  a directory  to  guide  the  assembly,  exe- 
cute its  commands,  and  conserve  the  social,  political,  judicial, 
and  military  institutions.  The  diet  consisted  of  deputies  from  the 

A. 

princes,  cities  and  provincial  estates,  representative,  with  five 

29.  Lehmann's  "Stein",  III,  366-371.  30.  Ibid.,  372-378. 

31.  Pertz-Stein.  Ill,  718-720. 


109. 


year  tenure  and  fifth  renewals,  and.  annual  six  week  sessions.  Its 
functions  included  federal  legislation  and  taxation,  and  decision 
of  controversies  between  the  federal  estates  and  between  the  princes 
and  their  subjects. 

The  directory  was  chosen  from  Austria,  Prussia,  Bavaria,  Han- 
over. Its  jurisdiction  extended  to  the  guidance  of  the  diet,  ex- 
ecution of  the  laws,  supervision  of  the  institutions,  maintenance 
of  foreign  relations,  and  those  between  the  estates,  and  between 
the  princes  and  their  subjects,  making  war  and  peace  and  keeping 
up  the  military  institutions.  There  are  placed  at  its  disposal 
the  Rhine  frontier,  coast,  and  such  special  duties  as  are  voted  by 
the  diet.  All  interior  duties  are  abolished.  Each  state  of  the  con- 
federation v.ras  to  have  annual  estates  to  vote  laws  and  revenue.  The 
princes,  counts,  and  mediatised  nobles  are  members  of  the  estates. 

The  rights  of  the  individual  included  those  of  a natural  judge,  a 
decision  within  fourty-eight  hours  upon  a detention,  of  emigration, 
the  choice  between  civil  and  military  service  in  Germany,  of  pub- 
lishing complaints  against  authority.  This  is  the  most  detailed 
and  best  of  Stein's  German  constitutions  up  to  this  time,  though 
not  without  grave  defects.  There  is  an  executive  department  with 
its  functions  defined,  but  no  administrative  departments;  a legis- 
lative department  of  mediaeval  estates  to  deal  with  laws  and  finance; 
and  no  judicial  department.  The  judicial  jurisdiction  of  the  con- 
federation is  limited  to  disputes  between  the  federal  estates,  and 
the  princes  and  their  subjects,  and  assigned  to  a legislative  com- 
mittee which  exercises,  also,  executive  functions  in  carrying  out 
its  own  decisions. 


. 


. 


. 


. 


110. 


STE IN-HUMBOLDT  CONSTITUTIONAL  PLANS. 

(32) 

Stein  was  very  much  disappointed  over  the  failure  of  Germany 

to  secure  unity  and  centralization  from  the  war  against  Napoleon. 

He  appealed  to  the  Ozar  to  use  bis  influence  for  the  maintenance  of 

the  constitutional  unity,  integrity,  public  order,  and  national 

fortune  of  Germany;  but  without  positive  results.  About  the  same 

time  he  turned  to  Hardenberg  for  aid.  Before  leaving  for  Vienna 

he  took  an  active  part  with  him  in  constructing  plans  for  a new 

German  State.  In  his  Remarks  of  July  16,  1814,  on  Hardenberg's 

( 33 ) 

German  Federal  Constitution,  he  repeats  assertions  of  the  Chaumont 
Memoranda,  that  the  real  elements  of  a federal  constitution  are  the 
directory  and  diet,  the  relation  of  the  members  to  the  confedera- 
tion, the  internal  arrangements  of  the  member  states  and  the  rights 
of  each  individual  citizen.  Provision  must  be  made  to  punish  those 
violating  the  federal  act,  allying  with  a foreign  power,  or  making 
war  upon  a federal  member.  It  must  be  distinctly  stated  that  the 
sovereign  power  is  limitated  by  law.  The  inclusion  of  all  Austria 
and  Prussia  would  include  too  much  heterogeneous  material,  ^here 
ought  to  be  a directory  or  federal  committee,  to  supervise  and  ex- 
ecute, consisting  of  Austria,  Prussia,  Bavaria,  Hanover,  and,  per- 
haps,  buertemberg,  the  first  two  with  two,  the  second  three  with 
one,  vote  each,  Austria  having  the  presidency. 

There  should  be  a federal  diet  to  advise  and  decide  under 
Austrian  presedency  with  votes  according  to  population,  Austria’s 
and  Prussia’s  being  the  same.  Its  jurisdiction  should  be  confined 

32 •Lehmann's  "Stein",  III  383  385,  396.397,  403. 

33.  Pertz-Stein,  IV,  43-48. 


■ 


a* 


111. 

to  general  interests,  war  and  peace,  maintaining  provincial  consti- 
tutions, military  arrangements  and  the  administration  of  justice. 
There  should  be  six  circles  outside  Prussia  and  Austria  for  the  ex- 
ecution of  the  diet’s  laws,  the  maintenance  of  the  military  consti- 
tution and  the  operation  of  the  courts.  The  estates  should  be 
heriditary  and  participate  in  legislation,  grant  taxes,  represent 
the  constitution  before  the  prince  and  the  federation.  To  decide 
controversies  between  estates  and  princes,  and  cases  of  justice  de- 
nied is  the  function  of  the  federal  court,  or  of  a committee  of  the 
directory  and  the  diet.  The  mediatized  princes  form  an  hereditary 
estate  in  their  place  of  residence  with  certain  privileges  and  rights 
under  the  direct  protection  of  the  federal  constitution.  The  gen- 
eral rights  under  the  protection  of  the  diet  were  those  of  change 
of  residence,  habeas  corpus,  natural  judge,  choice  of  service,  se- 
curity of  property,  complaint  and  petition. 

In  comparing  this  with  the  Chaumont  Memoranda,  the  diet  is 
not  so  fully  explained  while  a better  exposition  of  the  directory 
occurs.  The  position  of  the  mediatized  princes  is  better  defined. 

The  circle  is  introduced,  its  jurisdiction,  but  not  its  institu- 
tion defined.  Representation  in  the  diet  is  by  constituent  members, 
rather  than  by  estates  of  the  country  as  a whole . The  judicial 
function  extends  to  disputes  between  estates  and  princes  and  is 
exercised  by  a committee  of  both  directory  and  diet  instead  of  the 
diet  alone.  Nothing  is  said  of  tenure  or  sessions.  Constituent 
members,  also,  form  the  directory,  and  relative  influence  is  given 
through  voting  power.  No  financial  provisions  are  made.  The  func- 
tions of  both  diet  and  directory  are  less  minutely  defined  while 
those  of  the  former  are  given  in  part  to  the  circle.  The  possibil- 


* 

V 


. 


. 


112. 

ity  of  violating  the  act  is  recognized;  the  elements  of  the  consti- 
tution are  ennumerated;  certain  alliances  and  attacking  members  of 
the  federation  are  penalized.  As  a whole  these  two  memoranda  are 
supplemental,  thus  far  the  most  ingenious  solution  of  the  problems 
involved  in  making  a German  state. 

(34) 

In  the  Stein-Hardenberg  corrected  outline  of  the  principles 
of  the  German  federal  constitution  of  July  23,  1814,  the  executive 
power  is  vested  in  a council  of  the  seven  circle  executives  to  deal 
with  treaties,  diplomatic  representatives,  war,  peace,  military 
and  executive  affairs,  and  a federal  state  in  war.  Foreign  re- 
lations of  an  economic,  political  and  family  character  should  be 
given  to  the  estates,  but  what  estates  is  left  doubtful.  The  feder- 
al assembly  is  to  consist  of  a directory  of  Austria  and  Prussia, 
the  council  of  circle  executives,  and  one  of  the  princes  and  es- 
tates, with  voting  power  in  each  council  in  accordance  with  popula- 
tion, annual  sessions,  Austrian  and  Prussian  presidency,  separate 
deliberations  and  independent  decisions,  and  all  disagreements  set- 
tled by  the  directory,  at  the  next  session.  The  functions  of  the 
assembly  are  legislative  in  respect  to  internal  affairs  of  a gen- 
eral nature,  as  industry,  coinage  customs,  and  post  affairs.  Feder- 
al laws  are  supreme.  There  are  to  two  courts,  the  federal  consti- 
tuted by  the  federal  estates,  with  three  chambers  for  instruction* 
first  and  last  instance,  a very  small  membership  and  decrees  ex- 
ecuted by  the  circle  executives  individually  or  together.  Its  juris' 
diction  would  extend  to  cases  involving  the  federal  members,  the 
princes,  and  estates,  personal  cases  and  complaints  against  the 

34.  Pertz-Stein,  IV,  51-63;  Lehmann's  "Stein",  III,  387  ff. 


. • 


113. 


federal  act  on  the  part  of  the  mediatized  princes,  and  complaints 
against  the  federal  act  or  an  invasion  of  rights  guaranteed  by  it 
or  a refusal  of  justice  in  case  of  private  individuals.  Appeals 
lie  from  the  highest  court  of  the  circle  executives  in  certain  cases 
involving  a federal  right. 

The  circle  executives  form  the  highest  court  in  the  circle. 

Its  jurisdiction  extends  to  individual  cases  between  subjects,  and 
subjects  and  their  prince.  Gases  may  be  transferred  from  one  cir- 
cle court  to  another,  appealed  to  the  federal  court  at  Frankfort; 
and  criminal  cases  from  the  local  estates  may  be  reviev^ed.  Each 
federal  member  is  to  have  an  estates  assembly  to  consist  of  the  heads 
of  families  of  the  mediatized  princes  and  of  representatives. 

Its  functions  are  to  include  legislation,  grant  of  taxes,  defense 
of  the  constitution  against  the  prince  and  the  federation.  Here, 
Stein  adds  by  way  of  explanation  that  weighty  matters  concerning 
property,  personal  freedom,  and  the  constitution  must  have  the  ad- 
vice and  assent  of  the  estates.  The  federal  territory  is  to  be  di- 
vided into  seven  circles,  not  including  Austria  or  Prussia.  One 
or  two  executives  and  directors  administer  the  federal  act , decisions, 
and  laws,  the  military  constitution,  and  maintain  order  and  security 
within  the  circle.  In  time  of  war  it  is  to  take  an  active  part  in 
the  preparations.  Finally,  the  citizen  rights  are  to  be  guaranteed, 
of  change  of  residence  within  the  federation,  judicial  determina- 
tion of  cause  of  arrest,  security  of  property,  right  of  complaint 
in  court  and  before  the  federation,  of  free  publication,  and  school 
attendance . 

In  this  constitution,  as  in  the  others,  there  appears  the 
multiple  executive,  but,  instead  of  a directory  of  five,  the  more 


114. 


cumbersome  one  of  the  circle  executives.  Stein  does  not  favor  this 
form,  though  not  yet  objecting  to  a multiple  executive.  Its  func- 
tions are  iabout  the  same  as  in  the  other  constitutions.  The  ex- 
ecutive is  co-ordinated  as  a sort  of  upper  house,  with  a lower 
house  of  princes  and  popular  representatives.  A directory  of  Aus- 
tria and  Prussia  presides,  and  correlates  the  actions  of  the  two 
houses.  Federal  laws  are  declared  supreme  for  the  first  time.  The 
most  striking  feature  is  the  elaborate  court  system.  The  federal 
court  with  its  three  chambers,  its  original,  concurrent,  and  appel- 
late jurisdiction,  and  its  operation  upon  individuals,  as  well  as, 
upon  federal  members,  has  a fairly  wide  range  of  cases.  The  high- 
est court  in  the  circle  is  its  executive.  Some  personal  rights 
are  enumerated,  as  in  the  previous  constitution,  ^he  mediatized 
princes  receive  considerable  attention. 

STEIN  AT  VIENNA. 

(35) 

On  arriving  at  Vienna  on  the  Czar's  invitation  as  his  adviser 
on  German  affairs,  Stein  sought  to  procure  the  separation  of  Ger- 
man from  other  affairs  in  respect  to  constitution  and  territory. 

But  the  great  powers  reserved  this  to  themselves.  Stein-Hardenberg 
forty-one  articles  were  reduced  to  twelve  through  the  influence 
of  Austria,  Prussia,  and  Hanover,  and  revised  by  a German  committee 

in  the  interest  of  Austria  and  Prussia,  despite  the  opoosition  of 

(36) 

Bavaria  and  Wuertemberg.  Stein  determined  to  appeal  to  public  opin- 
ion, the  Czar,  and  the  small  German  states  against  Metternich. 

But  he  was  only  partially  successful f since  the  newspapers  were 
partly  hostile,  the  Czar  not  fully  sympathetic,  and  the  small  Ger- 
man states  more  favorable  to  Gagern's  imperial  views.  Moreover, 

35.  Lehmann's  "Stein”,  III,  403,  414.  36.  Ibid.,  414-29. 


.tlA 

' 


115. 


German  constitutional  affairs  were  further  disturbed  by  the  con- 
tests of  the  great  powers  on  the  German  committee  over  the  Saxon 
and  Polish  questions.  Stein  favored  giving  Saxony  in  compensation 
to  Prussia,  but  opposed  giving  the  Czar  the  Polish  Kingdom,  as  too 
y different  from  despotic  Russia  to  remain  independent.  He  believed 
in  local  self government  for  the  Poles  with  freedom  of  person  and 
property.  In  March,  1815,  Napoleon  again  appeared  in  France.  On 
the  23d  the  German  Federal  Constitution  was  formulated.  S0on  there- 
after Stein  left  for  home.  Napoleon  was  captured  and  banished,  and 
Louis  XVIII  restored. 

CONSTITUTIONAL  PRINCIPLES. 

While  in  Vienna  Stein  several  times  set  forth  the  fundamental 
( 37 ) 

principles  of  a general  German  government.  He  said  that  Europe  was 
supremely  interested  in  an  independent  and  tranquil  Germany,  to  be 
secured  by  a federation  concentrating  its  powers  of  resistance,  and 
by  Soate  institutions,  protecting  civil  and  political  liberty--all 
under  the  guarantee  of  the  federal  pact.  The  federal  council  ought 
to  have  the  right  to  declare  war  and  make  peace,  decide  contests 
between  princes,  and  the  princes  and  their  estates,  control  foreign 
affairs,  make  laws  on  general  subjects,  and  guarantee  territorial 
constitutions.  The  territorial  estates  ought  to  protect  political 
and  civil  liberty,  to  have  the  right  of  assenting  to  laws  and  im- 
posts, of  supervising  the  administrative  officials,  and  of  guard- 
ing the  rights  of  the  mediatized  princes,  the  nobles,  and  the  com- 
mons in  all  Germany:  to  recognize  and  guarantee  the  political  exist- 
ence of  the  federation  in  general  and  of  the  German  princes  in  par- 
ticular.   

37.  Instructions,  January  13,  1815;  An  Capodistria,  January  15,  1815; 
Erklaerung,  January  17,  1815 ;IV,  706-711;  309;  330. 


' 


116. 


Hitherto . Stein’s  general  executive  has  been  the  directory 
or^assembly  of  the  circle  executives,  which, now,  he  begins  to  aban- 
don. He  condemns  the  German  committee's  proposal  of  a director- 
of  five,  as  too  weak  to  preserve  internal  order,  or  external  inde- 
pendence, on  account  of  its  divergent  views,  interests,  and  adminis- 
trative methods,  and  commends  a unitary  executive.  Stein  attrib- 
utes the  policy  of  the  committee  to  the  jealousy  of  the  powers  which 
prefer  a weak,  fluctuating  rather  than  a strong,  stable  government. 
He  brands  such  a policy  as  lacking  sagacity,  liberality  and  the  feel 
ing  of  nationality. 

The  only  functions  of  an  emperor  in  the  present  situation  of 
Germany  are  concurrency  in  legislation,  judicial  administration, 
military  direction  and  honorary  rights.  In  legislating  and  the 
right  of  declaring  war  and  making  peace,  he  is  to  have  the  initia- 
tive as  well  as  the  diet,  and  the  sole  sanction.  He  appoints  the 
presiding  judge  of  the  federal  court,  consisting  of  members  appoint- 
ed by  the  diet,  and  has  the  sole  execution  of  its  sentences.  He 
is,  in  time  of  war,  the  director  of  the  armed  forces  with  a com- 
mittee of  three  princes,  Prussia’s  and  two  chosen  by  the  diet,  and 
enfoi  ceo  tne  military  regulations  in  the  same  way.  He  may  recruit 
in  the  free  cities  and  among  the  subjects  of  the  princes  that  have 
discharged  their  military  obligations.  His  honorary  rights  are  the 
imperial  title,  hereditary  headship  of  the  confederation,  giving 
his  name  to  all  laws^and  judicial  acts,  letters  of  credance  to  dip- 

38.  establish,  of  the  Imperial  Dignity,  Feb.  17,  1815 
746^330-333*  M3*  ^ 1815 J An  HardenberS>  Feb.  27,  1815;  IV,  744- 


- 


* 


117. 


lomatic  representatives,  and  the  rank  of  imperial  commisary  to  his 
minister  in  the  diet.  The  diet  is  to  legislate  upon  common  affairs, 
military  organization,  foreign  relations,  and  decide  contests  be- 
tween princes  or  between  them  and  the  provincial  estates. 

Stein’s  idea,  then,  of  an  effective  German  government  includ- 
ed an  executive,  preferably  unitary,  with  at  least  three  adminis- 
trative departments;  an  assembly  of  princes,  cities,  and  federal 
members,  with  a decisive  voice  in  legislation,  taxation,  certain 
nominations,  especially  to  the  courts,  foreign  relations  and  con- 
troversies arising  between  the  princes,  and  the  princes  and  their 
estates;  a federal  court  of  three  chambers,  nominated  by  the  ex- 
ecutive and  the  assembly,  with  original,  concurrent  and  appellate 
jurisdiction  within  the  sphere  of  general  affairs.  The  central 
government  functioned  locally  through  the  circle  board  of  two  or 
more  members,  which  enforced  the  regulations  of  the  assembly,  and 
the  orders  of  the  head  of  the  state,  and  acted  as  a court  with  a 
fairly  extended  jurisdiction.  The  sphere  of  federal  administration 
was  the  affairs  common  to  the  members  of  the  federation  in  respect 
to  law,  revenue,  military  affairs,  foreign  and  inter-state  relations 
decisions  affecting  the  federal  members,  and  at  times  individuals, 
and  individual  rights.  Provision  was  made  for  an  estates  assembly, 
with  a defined  activity  in  each  state  of  the  federal  union,  as  part 
of  the  already  existing  local  governments  under  the  princes. 

Though  this  constitutional  presentation  lacks  many  details,  it 
gives  a fair  idea  of  Stein’s  imperial  Germany.  Of  his  four  prin- 
ciples three  only  are  applied  in  his  various  memoranda.  Unity  of 
power  and  responsibility  is  collegiate  in  the  directory  or  board 
of  circle  executives  and  individual  in  the  Emperor;  departmental 


. 


' 


118. 


individuality  is  worked  out  very  meagerly  in  the  three  department 
heads;  popular  participation  finds  expression  in  part  organization 
of  the  federal  diet  and  in  the  local  estates  assemblies.  But  noth- 
ing is  said  about  technical  administration. 

DEMO C RATI C TENDENCI ES . 

(39) 

The  German  Federal  Act  of  June  8,  1815,  was  a great  disappoint- 
ment to  the  patriots,  in  that  it  created  a very  weak  central  govern- 
ment and  failed  to  provide  local  estates  constitutions.  Neverthe- 
less, it  was  considered  capable  of  being  developed  along  liberal 

constitutional  lines.  Stein  in  his  Memoranda  to  the  Prussian 

(40) 

Cabinet  of  June  24,  1815,  says  that  the  old  German  Empire,  with  its 
executive,  legislature,  courts  and  unity  of  internal  arrangements  • 
has  been  replaced  by  a federation,  lacking  executive  and  courts,  and 
weak  for  common  defense.  Individual  rights  have  no  security  save 
the  indefinate  declaration  that  there  shall  be  estates,  and  the 
enumeration  of  certain  principles.  The  right  of  any  member's  al- 
liance with  a foreign  state  is  limited  only  by  the  obligation  not 
to  combine  against  the  federation  or  another  member.  The  federal 
diet  will  function  with  great  difficulty,  since  cases  demanding 
unanimity  are  so  numerous  and  so  indefinately  expressed,  and  in- 
variable for  enacting  and  amending  fundamental  laws,  making  organic 
federal  regulations,  and  deciding  upon  the  rights  of  individuals 
and  the  matters  of  religion. 

(41) 

Stein,  nevertheless,  had  decided  to  accept  a position  under 
it,  if  offered  him.  But  he  turned  down  Austria's  offer  of  member- 
ship in  the  Diet,  and  so  conditioned  Prussia's  by  demanding  leave 

39 .Lehmann's  "Stein",  II,  467  ff.  40 .Pertz-Stein,  IV,  445. 

41.  Lehmann's  "Stein",  III,  470-472. 


% 


119. 


of  absence  without  special  permission  and  a colleague  whom  he  could 
trust,  that  he  failed  to  enter  the  service  of  the  new  government. 
This,  probably,  mattered  little,  as  the  re- action  under  Metter- 
nich,  Hardenberg,  and  Wittgenstein  by  a severe  repression  of  all 
liberal  or  radical  tendencies,  induced  a very  conservative  develop- 
ment of  the  federal  constitution,  to  the  great  discomfiture  of  the 
patriots . Though  liberal  in  his  views  and  urgent  in  his  demands 
for  popular  participation  in  government,  Stein  was  not  in  full  sym- 
pathy with  all  the  manifestations  of  liberalism.  He  thought  the 
governments  and  princes  responsible  for  most  of  the  excesses  of  the 
patriots  through  the  maintenance  of  the  anomalous  conditions  of 
1806.  While  praising  the  "Burschenschaft" , he  condemned  the  atti- 
tude of  the  universities,  and  the  "Carlsbad  Resolutions." 

On  democratic  tendencies  in  Germany  he  expressed  himself  free- 

(42) 

ly  and  frequently.  In  his  Comments  on  Niebuhr’s  Fundamentals  of 

the  Prussian  Estates’  Bodies,  he  denies  that  the  German  masses  have 

a democratic  tendency,  the  noble,  the  citizen  and  the  peasant.  He 

offers  property  qualifications  for  voting  as  security  against  radi- 

(43) 

calism.  To  Capodistria,  August  9,  1813,  he  writes  that  the  ex- 
travagancies of  the  liberals  tend  to  destroy  the  moral,  religious, 
and  social  order,  ,and  render  skeptical  those  who  wish  to  maintain, 
unimpaired,  the  good  fortune  of  the  race;  that  public  opinion  is 
shocked  at  the  abyss  into  which  a faction  would  drag  mankind;  that 
men  begin  to  be  persuade^  that  the  constitutional  principles  of  1789 

are  false;  and  that  one  must  procede  from  historical  beginnings  to 

( 44 ) 

improve,  but  not  to  overturn.  To  Humboldt,  August  25,  1879,  he 
42.  Pertz-Stein,  V,  337,  338.  43.  Ibid.,  399.  44.  Pertz-Stein, 

V,  402. 


- 


120. 


writes  that  the  democratic  party  has  injured  itself  in  public  opin- 
ion through  the  use  of  criminal  means,  anarchistic  principles,  mur- 
der, etc.;  that  the  princes  must  see  that  their  security  depends 
upon  the  propertied  classes;  that  unauthorized  persons  will  assume 
the  function  of  representatives-  as  long  as  there  are  no  constitu- 
tional organs  there-for  in  commune,  circle,  orovince  or  nation. 

(45) 

To  Ouworoff,  November  30,  1819,  he  writes  that  almost  all  the  peo- 
ple wish  quiet,  order,  re-establishment  of  the  princely  houses,  but 
with  representative  institutions  against  the  misuse  of  power.  One 
must  trust  the  people,  strengthen  the  government  through  the  union 
of  all  national  interests  to  conquer  unrest,  banish  mischief-makers 
and  punish  the  guilty. 

REDISCUSSION  OF  ADMINISTRATIVE  SUBJECTS. 

During  the  remainder  of  this  period,  Stein  in  private  life 
interested  himself  in  a variety  of  administrative  subjects.  To 

some  already  discussed,  he  added  various  points.  In  his  Review  of 

(46) 

the  Ordinance  for  the  Superior  Presidency,  August  20,  1816,  he 
emphasized  the  point  of  union  for  several  government  districts  in 
respect  to  common  affairs,  without  defining  its  relations  thereto, 
thorough  supervision  and  the  need  for  visitations,  examination  of 

important  measures,  and  of  reports  on  important  affairs.  In  his 

(47) 

"Opinion  on  the  Government  Instruction  of  October  23,  1811,"  while 
he  approves  the  superior  president's  control  over  the  chambers, 
his  administrative  supervision,  visitations,  examination  of  reports, 
suspension  of  officials,  judicial  cognizance,  annual  conferences 
with  the  ministry  at  Berlin,  as  indispensible  for  a skillful  and 
45.  Pertz-Stein,  V,  446.  46.  Ibid.,  86.  47.  Ibid.,  353. 


121. 


active  official,  he  suggests  giving  the  duties  of  consistory  and 

medical  college  to  the  chambers  and  a re-arrangement  of  the  work. 

(48) 

In  a letter  to  his  daughter  of  May  2,  1828,  he  approves  the  office 
of  circle-councillor  as  a very  useful  means  of  hindering  the  des- 
potic tendency  of  the  local  administration  by  furnishing  a local 

supervision  of  influential  men.  In  another  letter  he  states  its 
( 49  ) 

disadvantages,  as  a narrow  and  subordinate  sphere  filled  with  de- 
tails and  formalities,  a means  to  greater  ends,  not  an  end  in  itself , 
and.  its  advantages  as  bringing  one  in  touch  with  men  and  things, 
giving  a knowledge  of  real  life,  the  operation  of  the  laws,  of 
business,  control  over  subordinates,  the  mechanism  of  the  central 

organs,  a valuable  stepping  stone  to  higher  places.  In  various 
(5°)  . (51) 

letters,  -the  best  to  Eichorn,  January  2,  1818,  he  enumerates  the 

disadvantages  of  a purely  bureaucratic  government,  as  expense,  nar- 
rowness, and  appearance  of  activity,  impairment  of  subordination, 
empty  formalities,  arbitrary  change  in  the  administrative  system, 
one  day  restriction,  another  free  trade,  to-day  conservatism,  to- 
morrow radicalism,  depression  of  the  public  spirit,  opposition  be- 
tween military  and  civil  institutions.  To  correct  these  faults 
there  is  need  of  commune,  circle,  provinial,  and  central  estates 
constitutions,  which  function  with  economy,  energy,  co-operation, 
understanding,  mobility,  and  independence,  correlation  with  the  bu- 
reaucracy to  attain  a better  administrative  system  than  either  alone 
would  give . 


48.  Pertz-Stein,  VI, 565.  49.  To  a Young  Friend,  March  9,  1830: 

Pertz-Stein,  VI,  855.  50.  Stein’s  Memoranda,  Oct.  6,  1821:  An 

Niebuhr,  Feb.  8,  1822;  Dec.  10,  1821;  An  Laubach,  June  1,  1818;  An 

Tilly  20,  1818;  An  Spiegel,  March  2,  1822;  An  Merveldt,  Feb. 5, 
1822;  An  Humboldt,  March  30,  1822;  Pertz-Stein,  V,  669,  630,  252. 

285,  648,  649,  664,  697.  51.  Pertz-Stein,  V,  173,  174. 


' 


122. 


LOCAL  CONSTITUTIONS. 

The  German  patriots,  being  as  much  interested  in  the  individ- 
ual members  of  the  confederation  as  in  the  central  government , 
sought  to  utilize  the  confederate  constitution  in  obligating  the 
several  members  to  enact  local  constitutions.  Stein,  especially  in- 
terested in  Nassau  where  he  had  property,  and  Prussia  where  he  had 

(52) 

both  a property  and  personal  interest,  laid  down  the  principle 

that  a constitution  is  not  invented,  but  developed  from  elements 

(53) 

existing  from  the  beginnings  of  a people.  To  Mirbach  he  writes  that 

old  things  cannot  be  wholly  restored,  but  must  serve  for  the  basis 

of  improvements.  A constitution,  he  considered,  an  indispensible 

condition  of  the  maintenance  and  development  of  Prussia.  For,  her 

lack  of  geographical,  race,  and  religious  unity  necessitated  the 

creation  of  a point  of  union,  a national  institution,  as  a common 

place  for  these  various  elements.  In  his  "Representation  to  Alex- 

(54) 

ander  on  the  Imperial  Dignity",  Stein  asserts  that  it  is  especially 

imperative  for  Prussia  to  have  a wisely  administered  constitution 

on  account  of  its  situation  in  the  midst  of  Germany,  the  military 

weakness  of  the  confederation,  disturbances  of  the  internal  peace, 

(55) 

and  limitations  upon  the  movements  of  commerce.  In  commenting  on 
the  proposed  constitution  for  Nassau  he  approved  the  bicameral 
legislature,  based  on  property,  to  vote  and  spend  taxes  and  legis- 
late; certain  personal  rights  and  parliamentary  privileges;  and  a 
certain  control  over  ministers.  Though  lacking  in  definiteness  and 
detail,  Stein  seemed  to  have  in  mind  for  the  members  of  the  confeder- 

52.  Beurtheil . , Aug . 20,  1816,  V,  88,  89.  53.  Pertz-Stein,  V,  126. 

54.  Ibid.,  IV,  330.  55.  Lehmann’s  "Stein",  III,  398. 


' 


. 


123 


ation  estates  constitutions,  giving  the  propertied  classes  a share 
in  the  government,  and  local  popular  institutions  within  each  mem- 
ber state. 

MUNICIPAL  GOVERNMENT. 

The  city  government  was  rediscussed  at  length  in  various  docu- 

(56) 

ments.  In  a letter  to  the  Archbishop  of  Coeln,  May,  1826,  he  criti- 
cizes the  ordinance  of  1808,  in  two  respects:  a marked  tendency, 

especially  in  small  cities,  for  the  rough  uneducated  classes  to 
crowd  into  the  council; and  the  development  of  opposition  of  the  coun- 
cil to  the  "magistrat".  The  first  defect  might  be  met  by  certain 
educational,  moral  and  technical  requirements  for  admission  to  the 
citizen-body,  along  with  an  increased  property  qualification  for 
the  exercise  of  political  priviliges.  For  the  second  he  had  no 

remedy  to  suggest.  In  a letter  to  minister  von  Schuckmann,  March 
(57) 

15,  1829,  he  points  out  the  defects  of  the  municipal  governments  of 

the  West  provinces:  the  councillors  appointed;  public  spirit  and 

life  impaired;  the  mayors,  indifferent  outsiders,  often  neglecting 

public  affairs  to  engage  in  various  lucrative  businesses.  The 

City  Ordinance  of  1808,  must  be  introduced  with  the  election  of  city 

officials  for  six  and  twelve  year  terms,  the  councillors  independent) 

the  spirit  of  the  citizens  awakened,  the  governing  bodies  local. 

(58) 

In  the  same  letter,  he  points  out  the  defects  in  the  City  Or- 
dinance of  1808:  indefiniteness  of  boundaries  between  the  func- 

tions of  the  "magistrat"  and  the  councillors;  lack  of  an  institu- 
tion for  composing  the  differences  of  opinion  between  them;  the 
low  spiritual  and  moral  ability  of  the  councillors  and  "magistral" ; 

56.  Pertz-Stein,  VI,  237.  57.  Ibid.,  V,  B.  248-251.  58.  Ibid., 

B.  250-251. 


. 


. 


the  roughness  and  immorality  of  the  citizenship;  the  power  of  the 
council  to  alienate  communal  property  and  contract  debts,  which 
should  be  supplemented  by  the  approval  of  the  "magistrat"  and  some 
organ  of  the  central  government  according  to  the  amount;  and  the 
threefold  classification  of  the  cities  which  fails  to  express  their 
relative  importance . 

FRENCH  AND  PRUSSIAN  CITY  GOVERNMENT. 

(59) 

Continuing  this  letter,  Stein  takes  up  the  French  City  Ordi- 
nance, objects  to  the  nomination  of  the  mayor  and  his  aids  by  the 
central  government  and  to  the  position  of  the  latter  in  not  being 
colleagues  with  joint  responsibility,  and  assents  to  the  choice  of 
the  council  by  two  electoral  colleges,  the  highest  tax-payers  choos- 
ing three -fourths,  the  notables,  one-fourth  of  the  councillors. 

For  the  nomination  of  the  mayor  and  his  aids,  he  would  substitute 
election  by  the  citizen-body,  which  has  an  interest  in  the  result, 
a knowledge  of  the  persons,  confidence  in  them,  and  can  exact  bet- 
ter administration.  The  advantage  the  French  have  in  the  place 
they  make  in  their  city  government  for  men  of  worth,  service  and 
knwoledge,  through  the  choice  of  one-fourth  their  council  by  the 
college  of  notables,  instead  of  making  political  privilige  depend 
entirely  upon  property  and  industry,  to  which  in  part  can  be  as- 
cribed the  unsatisfactory  elections,  the  predominance  of  inert  over 
clever  men,  the  overburdening  of  the  few  administrators  and  waste 
of  time  by  the  majority,  if  adopted  in  Prussia,  would  make  possible 
the  choice  of  a part  of  the  "magistrate  and  council  from  judges, 

royal  officers,  physicians,  those  on  an  income,  etc. 

59.  Pertz-Stein,  V,  B.  252,  254;  .See  An  Stadtrath  Kncbland,  March 
19,  1829,  VI,  691. 


125. 

(60) 

Two  other  things  Stein  approves  in  the  French  City  Ordinance; 


prohibition  of  all  correspondence  to  municipal  councillors  with  those 
of  other  cities  on  public  affairs,  to  avoid  abuse  of  power,  though 
thereby  losing  much  good  through  inability  to  exchange  views  on 
important  administrative  questions;  permission  to  non-resident  land- 
owners  through  a representative  to  participate  in  city  affairs, 
since  they  contribute  to  bear  the  city  burdens.  In  Westphalia  such 
an  arrangement  might  well  be  introduced*  for,  some  cities  contain 

many  farms  and  estates  owned  abroad. 

(61) 

In  some  correspondence  with  Gneisenau  concerning  the  proposals 
for  a city  ordinance  Stein  especially  notices  arrangements  for  a 
college  of  umpires  to  pass  on  the  differences  of  opinion  between  the 
'’magistrate  and  council  as  a most  excellent  institution  to  fill  a 
long  recognized  want  in  municipal  assemblies.  Such  an  institution 
will  be  useful  not  only  to  compose  differences  of  opinion,  avoid 
strife,  and  prevent  the  intrusion  of  the  central  administration, 
but  also  to  introduce  more  intelligence,  knowledge  of  law,  and  busi- 
ness experience,  and  give  access  to  city  affairs  to  non-citizens, 
especially  in  the  small  cities  where  suitable  persons  are  scarce. 
Finally, while  Stein  commends  the  deputations  created  by  the  Oity 
Ordinance  of  1808,  as  indispensible  in  city  government  by  bringing 
the  citizen  into  close  connection  and  acquaintance  with  the  whole 
administration,  creating  confidence  in  the  administrators , dispos- 
ing of  all  the  talent  in  the  city,  learned  or  industrial,  and  econ- 
omising in  expenses,  he  criticises  the  preponderence  of  numbers 
given  the  council,  while  the  responsibility  for  administration  lies 

60.  Pertz-Stein,  VI,  B.  254.  61.  Jan.  22,  Apr.  2,  1830,  Pertz- 

Stein,  VI,  848-50;  853. 


■ 


126. 


with  the  "magistrat" , and  proposes  that  the  presiding  officer  of 

the  deputation  should  be  chosen  from  the  "magistrat"  and  endowed 

with  a casting  vote. 

THE  ESTATES  ASSEMBLY- -COMPOSITION. 

But  popular  participation  in  government  was  through  not  only 

the  municipal  organization  of  one  estate,  but  also  the  estates  as- 

(62) 

semblv  of  the  commune,  circle,  province  and  nation.  Three  classes 

(63) 

made  up  this  estates  assembly:  the  nobles  of  blood  and  property 

above  a certain  amount  to  be  present  in  person,  other  nobles  by  re- 
presentatives, other  large  property  owners*,  representatives  from  all 
constitutional  cities,  from  the  larger  ones  one  each,  chosen  by 
the  citizens  from  the "magistrat"  or  council,  from  the  smaller,  one 
each  to  several  groups;  representatives  from  the  peasant  proprietors. 

For  the  assembling  of  the  estates  in  more  than  one  chamber, 
Stein  urges  the  German  usage  and  experience,  especially  in  the  Em- 
pire, less  obstruction  in  the  conduct  of  business,  better  eluci- 
dation of  the  real  reasons  and  motives  of  action,  the  avoidance  of 
partiality,  haste,  and  passion,  of  the  effects  of  momentary  influ- 
ences, and  the  dominance  of  special  groups.  Finally,  there  is  the 
necessity  of  organized  property,  tradition,  and  family  in  a union 
of  the  large  landholders  "to  secure  the  person  and  worth  of  the 
prince  from  the  radical  middle  class  who  seek  the  disparagement  of 
the  upper  class  and  lust  after  the  possessions  of  the  wealthy,  in 
as  much  as  the  official  class  offers  no  protection  in  a crisis. 
Moreover,  this  will  insure  the  continued  participation  of  the  nobles 
in  public  affairs  to  the  advantage  of  the  masses."  ‘1'he  division 

62.  An  Arndt,  Jan.  5,  1818,  V,  169.  63.  Denkschrift,  May  27,  1818, 

V,  214,  215,  213;  Entwurf,  May  3,  1817,  V,  134,  139,  137-169;  Denk- 
schrift, 1818,  V,  B.  113,  114,  122;  An  Arndt,  Jan.  5,  1818,  V,  169; 
Berne rk,  Nov.  5,  1822,  V,  745,  748;  An  Landsberg,  May  7,  (Continued) 


. 


127. 


into  three  chambers  has  some  advantages,  such  as,  the  sanction  of 
antiquity,  experience  of  its  usefulness,  the  modification  of  the 
city’s  menace  to  the  land  interests,  the  more  careful  preservation 
by  each  estate  of  its  interests  and  peculiarity  of  character.  Yet 
there  is  the  tendency  to  impair  the  discharge  of  business  through 
increased  rivalries  and  the  difficulty  of  arriving  at  a decision. 

Two  chambers  at  least  seem  essential  to  avoid  haste,  partiality  and 
factions.  Then  such  an  arrangement  exists  in  most  States  under 
various  appellations.  The  nobles  of  large  estate  and  family  tra- 
dition, together  with  representatives  of  the  nobles  as  a whole  and 
in  Cleves  and  Mark  those  of  the  official  class  and  the  ecclesias- 
tics constitute  the  upper  house.  The  lower  is  made  up  of  the  re- 
presentatives of  the  cities  and  the  peasant  proprietors. 

CHOICE,  NUMBER,  TENURE,  RE -ELIGIBILITY,  RENEWALS . 

(64) 

In  the  manner  of  choosing  representatives  preference  seems  to 
be  given  to  election  over  appointment.  In  discussing  the  new  French 
lav/  of  the  commune,  Stein  commends  the  superiority  of  election,  be- 
cause of  the  interest  of  the  electorate  in  the  matter,  its  knowledge 
of  local  candidates,  increased  confidence  in  them,  and  the  result- 
ant better  administration,  where  the  tenure  depends  upon  the  judge- 
ment of  the  electorate.  In  the  case  of  the  upper  house  life  ap- 
pointment for  a comparatively  small  number  of  members  from  a few 
families  and  choice  by  the  house  itself  of  one  from  several  pro- 

63,  ( continued)  —1831,  VI,  1170;  An  Humboldt,  Aug.  6,  1819,  V,  402. 

64.  An  Schuckmann,  Mar.  15,  1829.  V,  B.  252.  254;  Entscheidung,  July 
19,  1814,  V,  70;  Bemerk,  Feb.  25.  1819,  V,  330,  335,  337;  July  16, 
1814,  IV,  47;  An  Niebuhr.  Feb.  8,  1822,  V,  668;  An  Gneisenau,  Feb. 
18,  1831,  VI,  1107;  An  Schloesser,  June  19,  1818,  279;  An  Vincke , 
July  20,  1818,  V,  283. 


’ 


■ 


128. 


posed  by  the  lower  house  find  favor.  Direct  election  is  preferable 
to  indirect  either  by  a college  constituted  for  other  purposes,  such 
as  the  provincial  assembly,  or  by  one  constituted  for  that  special 
purpose,  since  the  number  of  electors  would  be  too  small  and  the 
danger  of  inimical  division  and  influences  too  imminent,  and  the 
loss  of  interest  on  the  part  of  the  people  would  endanger  the  free- 
dom of  elections.  It  would  be  better  to  choose  by  districts  not 
large  enough  to  embarrass  the  voting. 

In  referring  to  the  Westphalian  provincial  assembly,  Stein  avers 

(65) 

that  no  definite  number  of  members  characterize  a legislative  body. 
There  must  be  sufficient  to  furnish  the  various  points  of  view  and 
judgements  necessary  for  thorough  and  impartial  deliberations  and 
decisions,  but  not  so  many  as  to  render  the  assembly  unnecessarily 
expensive,  or  difficult  of  management.  Again,  the  desirable  num- 
ber must  be  such  as  to  secure  confidence,  unity,  and  thorough  knowl- 
edge. These  are  rather  ideal  than  practical  measures,  as  they  leave 
out  entirely  the  points  of  view  of  the  electorate  and  politician, 
which  in  reality  count  most.  The  tenure  should  be  for  a definite 
term  of  years  with  re-eligibility  and  partial  or  total  renewals. 

Stein  recommended  in  1822  for  the  Westphalian  provincial  assembly  a 
tenure  of  six  years,  with  re-eligibility  and  total  renewals.  Only 
in  case  of  the  city  councillors  of  1303  are  alternates  mentioned. 

We  may  infer  that  certain  of  the  members  are  to  receive  pay,  the 
amount  of  which  would  be  small  and  confined  to  as  few  as  possible. 
Members  with  large  independent  means  are  not  to  be  paid.  This  is 


65.  Bemerk,  Nov.  6,  1822,  V,  754,  755,  756;  An  Vincke,  July  20, 
1818,  V,  283;  Ent s che i dung , July  19,  1814,  IV,  170, 


. 


. 


129. 


on  the  principle  that  one  of  the  advantages  of  popular  participa- 
tion in  government  is  public  economy  in  salaries.  The  apportionment 
of  members  between  the  estates  is  about  in  the  proportion  of  a half 
to  the  nobles,  a third  to  the  cities,  and  a sixth  to  the  peasant 
proprietors.  The  elected  members  are  to  be  chosen  in  districts 
according  to  population. 

QUALIFICATIONS  OF  MEMBERS  AND  ELECTORS. 

(66) 

Qualifications  for  members  include  nationality,  sex,  residence, 
property,  and  franchise  rights.  The  criminal  and  incapable  are  ex- 
cluded. Intelligent  experienced  artisans  are  preferable  to  learned 
men.  The  number  of  lawyers  should  be  limited.  A high  standard  of 
ability  and  knowledge  of  the  law,  the  constitution,  important  place 
and  personal  relations,  agricultural  and  industrial  interests,  a 
deferential  moral  nature,  pure  patriotism,  and  a non-partisan,  unself- 
ish character  are  desirable.  The  most  important  matter  is  ability. 

A few  able  men  would  be  a great  help.  Stein’s  experience  with  the 
Westphalian  diets  w as  not  assuring  in  this  respect,  where  among 
sixty-three  members  about  fifteen  or  sixteen  capable  men  of  affairs 
are  found;  one-half  the  rest,  perhaps,  are  useful  in  discussion  on 
account  of  their  local  or  professional  knowledge;  the  others  are 
of  rough,  unwrought  material.  Two  remedies  are  suggested:  to  look 

after  the  city  elections;  to  create  a college  of  notables  consist- 
ing of  men  distinguished  on  account  of  education,  official  or  busi- 
ness ability  whose  members  should  be  compelled  by  law  to  participate 

66.  Entscheidung,  July  19,  1814,  IV,  70;  An  Schroetter,  July  17, 

1808,  II,  680;  An  Spiegel,  April  20,  1818;  Beurth.,  Aug.  10,  1816, 

V,  89;  An  Viebahn,  Dec.  28,  1828.  VI,  647;  An  Hueffer,  Dec.  1828, 

VI,  648;  Bericht  an  den  Prinzen,  Jan,  21,  1831,  VI,  1083,  84; 


. 


. 

. 


. 


130. 


in  commune  affairs. 

The  chief  qualification  for  an  elector  is  the  possession  of 

(67) 

real  and  personal  property  as  shown  by  the  taxes.  A numerous  inde- 
pendent propertied  electorate  is  more  impartial,  free  from  influ- 
ence, and  trustworthy,  and  maintains  a better  and  freer  relation  be- 
tween the  upper  and  middle  classes  of  electors  than  a small  electo- 
rate, such  as  a provincial  assembly,  which  is  too  few  in  number, 
lacks  the  confidence  of  the  non-electors  and  is  too  much  exposed 
to  bad  influences.  Women  , officials  of  a certain  class,  non-resi- 
dents of  small  income,  criminals,  and  those  disfranchised  as  a 
punishment  are  to  be  excluded  from  the  electorate.  As  high  a stand- 
ard of  character,  knowledge  and  ability  is  required  as  that  for  mem- 
bers. This  is  rather  high  for  practical  application,  a fault  often 

found  in  men  of  affairs . 

(68) 

The  advantages  of  popular  participation  in  government  would  be 
best  realized  by  making  its  chief  condition  the  possession  of  landed 
property.  Such  an  arrangement  would  not  often  exclude  the  artisan 
of  large  means  on  account  of  the  nature  of  his  industry,  size  of 
his  dwelling,  his  factory,  etc.  The  number  available  who  possess 
intelligence,  capacity,  and  practical  experience  is  sufficient. 

They  are  gaining  their  experience  in  insurance  and  credit  associa- 
tions, coroner,  charity  and  church  duties.  The  government  will  be 
strengthened  by  the  bond  attaching  them  to  their  country,  their 
experience,  suggestions  of  reform,  leisure  and  abilities,  the  en- 
couragement of  public  spirit  and  patriotism,  the  revival  of  national 

67.  Bemerk.,  Feb.  25,  1819,  V,  321,  322;  An  Vincke,  July  20,  1818, 

V,  283;  An  Niebuhr,  Feb.  8,  1822,  V,  668.  68.  Bemerk.,  Nov.  5, 

1822,  V,  738,  743;  Zweck.  Bild.,  June  1,  1807,  I,  432,  427,  431-32. 


. 


131. 


honor  and  independence.  Landed  property  holders  are  either  rural 
large  landholders  and  peasant  proprietors,  or  city  dwellers.  The 
first  class  should  include  merely  those  having  noble  estates,  since 
otherwise  the  nobles  would  lose  their  corporate  rights,  their  fam- 
ily and  hereditary  postion  by  fusion  into  the  mass  of  landholders. 
ESTATES  OF  NOBLES,  CITIES  AND  PEASANTS. 

(69) 

The  constitution  of  the  nobles  ought  to  be  preserved,  to  main- 
tain a worthy  position,  useful  to  their  country  and  the  monarchy. 
Their  position,  based  upon  an  inalienable  heredity  estate,  makes 
them  interested  in  the  prosperity  of  the  country,  gives  them  a com- 
manding position  in  respect  to  their  prince,  the  small  landholder 
and  the  workers,  determines  their  part  in  defense,  administration, 
and  representation,  and  conditions  their  aims,  worth  and  strength 
as  a creative  moral  force,  justifying  to  the  other  estates  their 
advantages  through  an  earnest  disciplined  character,  a warm  interest 

i 

in  the  good,  and  a greater  intelligence.  Nevertheless,  the  pre- 
servation of  the  noble  estates  demands  a re-organization  in  confor- 
mity with  contemporary  conditions.  While  maintaining  their  heredi- 
tary property,  corporate  character,  family  rights,  and  moral  posi- 
tion, they  must  surrender  or  modify  their  freedom  from,  taxes,  tolls 
and  customs,  render  their  political  priviliges  accessable  to  large 
landed  property  owners  of  German  birth,  Christian  faith,  ancestral 
integrity,  or  unusual  military  and  civil  services.  The  noble  vote 
is  to  be  determined  by  the  comparative  worth  of  the  estates,  peri- 
odically revised.  The  function  of  the  nobility  is  to  secure  the 

69.  Berne rk.,  Nov.  5,  1822,  V,  743-745;  Feb.  25,  1819,  V,  332,  333; 
Denkschrift,  March  31,  1817,  V,  127,  128;  1818,  214;  Stein-Schlosser 
Entwurf , April  3,  1818,  227-28,  234-37;  An  Schlosser,  V,  130;  An 
Mirbach,  May  19,  1817,  V,  141,  143. 


. 


132. 


stability  of  the  constitution  and  the  permanance  of  the  state,  coun- 
terbalance the  bureaucracy,  prevent  the  development  of  either  a 
bureaucratic  or  a democratic  state,  and  fortify  the  conservative 

influences  against  the  radically  innovating  spirit  of  the  times. 

(70) 

The  second  element  in  the  estates  assembly  is  the  city,  includ- 
ed to  secure  place  for  the  industrial  and  commercial  forces  of  the 
state.  Two  conditions  are  laid  down:  a certain  amount  of  local 

government  and  degree  of  public  spirit;  a large  field  of  industrial 
activity.  The  city,  should  at  least  elect  its  magistrates,  ad- 
minister its  property,  make  local  laws . and  have  a police  system, 
even  if  it  does  not  come  under  the  full  provisions  of  the  Ordinance 
of  1808.  As  in  the  larger  cities  only  is  found  a full  industrial 
development  and  commercial  activity,  they  alone  are  to  have  indi- 
vidual representation.  Smaller  cities  of  industrial  importance  are 
to  be  grouped  into  districts  for  joint  or  alternate  representation. 

The  very  small  cities  are  to  be  excluded  altogether. 

(71) 

The  peasantry  form  the  third  element,  the  purpose  being  the 
cultivation  and  maintenance  of  a moral,  respectable,  and  indepen- 
dent class  of  small  peasant  proprietors.  Possessors  of  various 
tenures  are  to  be  admitted  to  the  franchise,  such  as,  fee  simple, 
hereditary  usufructuary,  life  lease,  etc.  The  amount  required  for 
an  elector  is  much  smaller  than  for  a representative.  There  are  to 
be  districts,  a seven  year  tenure,  and  re-eligibility.  Protection 
is  to  be  afforded  peasant  candidature  against  that  of  educated  men, 

70.  Entwurf.,  May  3,  1817,  V,  137.-139;  Denk.,  March  27,  1818, 

V,  214;  Bemerk.,  Nov.  6,  1822,  V,  753,  754.  71.  Entwurf,  May  3, 

1837,  V,  137-139;  Denk.,  March  27,  1818.  V,  214;  Bemerk.  Nov.  5, 
1822,  V,  747,  754. 


■ 


' 


133. 


lawyers,  and  officials. 

V/hile  these  three  elements  are  the  only  ones  admitted  by  Stein 

into  the  plan  of  representation,  he  discusses  two  others.  The 
(72) 

military  participation  in  political  affairs  tends  to  degenerate  into 
an  aggregation  of  political  clubs,  to  control  the  decisions  of  the 
estates,  and  is  wholly  unnecessary  in  a country  with  universal 
obligation  of  military  service,  since  numerous  individuals  in  mili- 
tary affairs  have  access  to  the  estates  otherwise.  Besides,  the 
number  of  electors  is  too  small  and  the  results  dependent  on  an 

election  too  important  to  risk  giving  the  balance  of  power  to  a 

( 73 ) 

military  element.  The  church  has  had  an  important  place  in  the 
estates  assembly.  While  participation  might  be  conceded  to  Catho- 
lic bishops  and  Protestant  synodical  representatives,  their  admis- 
sion to  the  council  would  serve  the  same  purpose.  No  religious 
foundation  nor  priests  and  deacons  should  have  representation,  as 
it  detracts  from  their  spiritual  functions. 

ORGANIZATION  AND  PROCEDURE. 

( 74 ) 

The  choice  of  officers  lies  with  the  members,  as  well  as  that 
of  commit  bees.  At  least  a presiding  and  a recording  officer  are 
to  be  chosen.  The  members  are  to  be  divided  into  groups,  committees 
or  deputations  according  to  the  government  proposals  and  the  va- 
rious communications  from  other  sources,  such  as,  for  taxes,  charity 
and  health,  corrections,  communal  organization,  etc.  Character, 
business  ability,  education  snd  aptness  are  qualifications  for  mem- 
bership. There  ought  to  be  regular  annual  and  special  sessions  at 

72,  Remerk.,  June,  1819,  V,  384.  73.  An  Schlosser,  June  19,  1818 

V*  278;  Denk.,  1818,  Dec.  5,  V,  B.  113,  114.  74.  Denk.,  March  27! 

1818,  V,  217;  An  Schroetter,  July  17,  1808,  II,  681;  An  Viebahn, 

Nov.  23,  1830,  VI,  1050. 


• ■ 


■ 


134. 


the  request  of  the  assembly.  The  vote  of  the  estate  is  to  be  deter- 
mined by  the  individuals  in  it;  the  nobles  having  three  votes,  the 

(75) 

cities  two,  and  the  peasant  proprietors  one.  Attendence  is  to  be 
compulsory.  Excuses  are  to  be  secured  from  the  president.  The 
punishment  of  a fine  or  even  expulsion  may  be  assessed  against  of- 
fenders on  account  of  non-attendence  or  disorderly  conduct. 

(76) 

The  procedure  of  a provincial  assembly  is  minutely  laid  down 
by  Stein  in  his  "Order  of  Business  for  the  First  Westphalian  Diet." 
The  whole  is  under  control  of  the  marshall.  It  includes  the  ascer- 
tainment of  those  present;  the  reading,  correction,  and  signing 
of  the  minutes;  the  presentation  of  new  business;  the  renewal  of 
old;  the  naming  of  committees;  committee  reports;  the  discussion 
thereof  by  the  members  in  one  speech  each  in  the  order  designated 
by  the  marshal;  the  resume  of  the  reporter;  the  vote;  and  the  record 
in  the  minutes.  Elsewhere  it  is  noted  that  a case  of  disagreement 
between  two  chambers  is  to  be  settled  by  a joint  session,  a con- 
ference of  deputies,  or  the  royal  commissioner.  The  re-introduc- 
tion of  measures  disallov/ed  was  strongly  desired  by  Stein.  He 
thought  new  reasons  or  evidence  could  be  offered.  That  members 
might  use  this  as  a dilatory  measure,  he  considered  only  a possibil- 
ity, very  much  offset  by  the  character  of  the  members,  the  judgment 

of  the  assembly,  or  the  organization  of  the  estates. 

(77) 

The  assembly  as  a whole  and  individual  members  have  some  pow- 


75.  Geschaefts-Ordnung,  Sec.  4,  V,  B,  214.  76.  Geschaef ts-Ord- 

nung,  Oct.  29,  1806,  V,  B,  214-218;  Denk.,  1818,  V,  B,  116;  An 
Wincke,  July  20,  1818,  V,  285;  Entwurf,  May  3,  1817,  V,  134;  An 
Merveldt , Feb.,  1828,  VI,  479.  77.  Geschaefts-Ordnung,  Oct.  29, 

1826,  V,  B,  214-218;  An  Viebahn.  Dec.  28,  1828,  VI,  645;  An  Roch- 
now,  Feb.  20,  1827,  VI,  370. 


t 


135. 


ers,  though  of  little  relative  importance.  The  full  session  may 
assign  members'  proposals  to  appropriate  committees , decide  an  ap- 
peal from  the  decision  of  the  marshal  on  the  correction  of  the  min- 
utes, confirm  the  form  of  lav/,  and  demand  a roll-call  on  a committee 
report  at  the  request  of  six  members,  a majority  for  ordinary  ques- 
tions and  two- thirds  for  royal.  A committee  has  power  to  choose 
its  chairman,  consider  a measure,  put  it  in  form  of  an  opinion  or 
law,  ana  sign  it.  Individual  members  may  speak  once  to  any  question 
reported  from  a committee,  till  nothing  further  is  to  be  added. 
Further,  Stein  would  provide  access  to  public  records  and  documents 
bearing  upon  the  assembly's  work  and  to  the  various  administrative 
branches.  The  assembly  ought,  also,  to  be  permitted  to  investigate 
through  deputations  the  administration  and  expenditures  of  impor- 
tant provincial  institutions. 

( 78 ) 

The  initiative  in  legislation  was  shared  by  three  agencies. 

The  government  might  make  proposals  for  the  improvement  of  the  laws, 
which  might  receive  first  consideration.  The  members'  proposals 
must  be  in  writing,  an  expansion  of  the  more  restricted  form  of 
presenting  grievances.  In  the  same  way  the  right  to  make  complaints 
before  them  concerning  provincial  affairs,  administrative  abuses 
and  illegalities,  contains  in  itself  the  right  to  make  proposals 
for  the  betterment  of  provincial  administration,  legislation,  insti- 
tutions, and  police.  These  petitions  might  be  submitted  to  a 
special  committee  of  the  assembly  'to  determine  the  form,  time,  and 
competence  of  the  body  to  receive  them.  The  report  of  such  a com- 

78.  Geschaefts-Ordnung,  Oct.  29,  1826,  V,  B,  214;  Denk.,  March  27, 
1818,  V,  216;  1818,  V,  B,  116.  ' 


. i_ , ca 


136  • 


mittee  would  be  made  to  the  full  session  for  final  action. 

RELATION  TO  THE  GOVERNMENT. 

(79) 

The  difference  between  popular  government  and  popular  partici- 
pation in  government  is  shown  by  the  relations  of  the  popular  organs 
to  the  government.  Stein  was  convinced  that  popular  representation 
must  be  under  strong  and  competent  guidance  during  the  whole  pro- 
cess of  participation,  to  commence  even  before  the  choice  of  repre- 
sentatives. Writing  to  Viebahn,  December  28,  1829,  apropos  of  the 
coming  election  in  Westphalia,  he  remarks  that  "the  time  to  choose 
members  to  replace  the  one-third  of  the  diet  is  at  hand.  There 
should  be  placed  in  the  public  papers  several  essays  concerning  the 
duty  of  electors,  the  characteristics  of  candidates,  and  the  results 
of  bad  elections . The  conscience  and  sense  of  honor  of  both  the 
electors  and  the  candidates  should  be  earnestly  appealed  to  on  both 
moral  and  political  grounds."  The  estates  once  constituted  are  to 
be  taken  under  the  special  care  of  the  government.  Their  decisions 
are  not  to  be  rejected  without  good  reasons,  nor  absolutely;  but 
referred  to  the  next  session.  A hearing  should,  also,  be  given  the 
estates  before  rendering  a decision  as  well  as  to  the  superior  pre- 
sident. The  publication  of  their  procedings  should  not  be  subject 
to  the  censor.  Yet,  government  supervision  may  go  too  far,  as  in 
Nassau  "vihich  guides  the  elections  and  deliberations  with  an  un- 
worthy craftiness,  tries  to  abuse  the  inexperience  and  rusticity  of 
its  members,  destroys  freedom  of  debate,  and  attempts  to  separate 
the  estates." 

79.  An  Viebahn  Dec.  28,  1829,  VI;  An  Rochow,  Feb.  20,  1827,  VI,  370; 
An  Viebahn,  Jan.  18,  1829,  VI,  654;  An  Schlosser,  June  19,  1818, 

V,  278.  ’ 


137. 


(80) 

More  specifically,  the  King  might  have  a veto  on  the  proceed- 
ings of  the  estates.  The  ministers  might  participate  in  the  initi- 
ation and  discussion  of  the  laws,  for  the  conservation  of  their  in- 
fluence, the  instruction,  guidance,  support,  and  information  of 
their  friends,  and  the  knowledge  and  experience.  They  should  not 
be  representatives,  since  that  would  increase  their  power  too  much 
as  servants  of  the  state  and  impair  their  discipline  and  obedience. 
The  superior  president  ought  to  approve  proposals  to  be  made  in  the 
estates.  The  government  comes  in  direct  contact  with  the  provin- 
cial estates  through  the  diet  marshall,  appointed  by  the  King  on 
the  recommendation  of  the  superior  president.  All  masters  pertain- 
ing to  the  estates  pass  through  his  hands.  His  speech  at  the  open- 
ing should  enumerate  matters  coming  before  the  estates,  and  caution 
against  purposely  planned  self-seeking  ends,  and  religious  faction. 
He  determines  the  time  of  full  sessions,  guides  the  business,  main- 
tains quiet  and  order,  speed  and  thoroughness;  introduces  proposals, 
imparts  information,  names  committees  and  directors  to  summon  them, 
presentfthe  business,  names  the  reporters  and  alternates,  and  re- 
ports the  proceedings.  He  decides  on  corrections  to  the  minut-ss, 
subject  to  an  appeal  of  the  assembly,  appoints  a recording  secre- 
tary, presides  over  debate,  puts  questions,  recognizes  members,  per- 
mits an  extended  speech  when  previously  requested,  is  addressed 
by  the  speakers,  may  postpone  debate,  till  another  session,  appoints 
a member  to  put  in  form  decisions  of  the  estates  for  confirmation. 

80.  Bemerk.,  Feb.  25,  1819,  V,  336,  Note;  June,  1819,  V,  384; 
Geschaef ts-Ordnung,  Oct.  29,  1826,  V,  B.,  214-219. 


. 


. 


138. 


COMPETENCE  OF  THE  ESTATES. 

The  competence  of  popular  participation  in  government  is  con- 
sidered primarily  with  respect  to  the  provincial  estates  and  muni- 
(81) 

cipality.  A merely  advisory  estates  would  enjoy  little  respect  or 
confidence.  Through  lack  of  responsibility  it  would  become  too 
radical,  indifferent  or  inactive,  or  embittered,  discouraged,  and 
destructive  of  public  spirit.  Through  lack  of  independence  and  the 
support  of  public  opinion  it  would  tend  to  re -act  to  outside  con- 
ditions, or  whims,  or  surrender  itself  to  carping  criticism.  If 
it  pursue  a wanton  unrestrained  opposition,  it  would  secure  func- 
tions proportioned  to  the  desire  of  the  nation,  or  breed  a very 
dangerous  unrest.  It  would  be  either  an  inert  mass  or  a turbulent 
body;  a source  of  satesf action  to  no  one.  Yet,  the  competence  of 
the  provincial  estates  to  participate  in  general  legislation  and 
taxation  should  be  limited  to  advice  and  suggestions,  as  the  unity 
and  strength  of  the  monarchy  would  be  impaired  by  making  the  central 
income  and  general  legislation  dependent  upon  the  assent  of  the  es- 
tates of  some  twenty  provinces,  ’^hen,  their  character  would  render 
them  unequal  to  the  strenuous  protection  of  civil  and  political  free- 
dom, the  effective  handling  of  national  affairs  and  restraining  the 
abuses  of  the  central  government,  their  point  of  view  being  too 
narrow  and  partial  for  judging  the  general  interests. 

(82) 

The  field,  then,  of  the  provincial  estates,  is  the  province, 
their  main  functions  to  give  assent  to  provincial  laws  and  taxes, 

81.  An  Hoevel,  March  29,  1819.  V,  355;  Bemerk,,  Nov.  5,  1822,  V,  735; 
Feb.  25,  1819,  V,  325-27;  An  Humboldt,  May  30,  1822,  V,  698. 

82.  Theil.,  Feb.  13,  1818,  V,  118,  189;  Bemerk.,  Nov.  5,  1822,  V, 

741;  Feb.  25,  1819,  V,  327;  Denk.,  May  10,  1814,  VI,  720;  An  dem 
Russ.  Cab.,  IV,  423;  An  Landsberg,  May  1,  1831,  IV,  1108. 


. 


* 


J 


139. 


to  aid  in  administration  and  to  audit  all  accounts.  Taxes  should  be 
annually  voted  to  secure  annual  meetings  of  the  estates.  As  such 
an  arrangement  would  involve  a possible  danger  of  the  estates  hold- 
ing up  the  government  by  a refusal  of  supplies,  amid  the  exigency 
of  party  strife,  it  would  be  objectionable  to  give  them  the  refusal 
of  the  budget,  the  right  to  render  of  no  effect  the  army,  the  courts, 
the  administration,  the  church  and  national  credit.  The  budget 
should  be  as  unchangable  as  possible.  The  estates  should  deal  with 
new  taxes,  audit  expenses,  and  make  complaints,  but  should  not  be 
impowered  to  endanger  the  administration  of  government,  internal 
security,  external  peace,  the  state's  credit,  and  the  rights  of  the 
officials,  without  at  least  an  agreement  of  both  houses,  by  a major- 
ity of  two-thirds. 

The  estates  should  also  be  capable  of  taking  part  in  adminis- 
(83) 

tration,  by  the  exclusive  assumption  of  the  work  of  an  administra- 
tive branch,  or  under  one  or  more  professional  administrators  to 
be  carried  on  by  a joint'  committee,  chosen  for  a period  of  seven 
years,  with  power  to  act  as  a college,  and  reinforced  at  times  by 
royal  officials  as  permanent  or  temporary  members  for  technical  or 
economic  questions;  or  through  deputies  on  a commission  of  central 
officials;  or  through  a supervisory  power  by  reports  submitted  for 
approval  and  made  the  basis  of  proposals  to  the  King  or  officials 
in  the  form  of  petitions.  The  "certain  branches  of  the  provincial 
administration"  which  might  be  turned  over  to  the  provincial  es- 

83.  Denk.,  March  27,  1818,  V,  214,  218,  219;  1818,  V,  B.,  115; 
Bemerk.,  Nov.  5,  1822,  V,  740,  741;  Theil.,  Feb.  13,  1818,  V,  189; 
Bericht  an  den  P.  Wilhelm,  Jan.  21,  1831,  VI,  1083;  Schlusz  des 
Berichts,  1165,  1166;  Entwurf,  May  3,  1817,  V,  137. 


140. 


tates,  include  "charity,  supervision  and  participation  in  municipal 
and  circle  affairs,  fire  insurance,  roadbuilding  and  waterways. 

Those  in  which  they  might  participate  are  administration  of  mili- 
tary affairs,  raising  recruits  and  supplies,  general  security,  ele- 
mosynary  and  educational  institutions,  public  health,  and  working 
up  the  tax-survey."  The  legislative  competence  of  the  estates  might 
extend,  among  other  things  to  city  and  rural  constitutions,  refor- 
mation of  the  circles,  abolition  of  the  privileged  jurisdictions, 
land  and  communal  taxes,  justice  and  estates  matters,  general  and 
rural  police,  safety,  charity,  health  matters,  immigration,  cor- 
rections and  prisons,  quartering  and  military  service,  tax-survey, 
archives,  commerce  and  industry,  roads,  ships  and  railroads,  fire 
insurance,  agriculture,  hereditary  transmission  of  peasant  estates, 
rural  colonization,  compulsory  registration  of  mortgages,  commer- 
cial courts,  freedom  of  speech,  waterways  and  canals,  price  of  salt, 
quotas  of  class  and  industrial  taxes. 

SOME  CONDITIONS  OF  EFFICIENCY. 

(84) 

To  secure  the  most  efficient  work  from  popular  participation, 
certain  arrangements  would  be  indispensible . The  length  of  the 
session  should  be  proportioned  to  the  amount  of  business  to  be  trans- 
acted, to  avoid  that  haste  which  is  destructive  of  ripened  ideas, 
thorough  consideration  and  due  regard  for  all  the  interests  in- 
volved, as  well  as,  productive  of  superficial  and  temporary  results, 
needing  amendment  almost  as  soon  as  passed.  Then  the  contents  of 
the  multitude  of  petitions  on  various  subjects  should  be  made 

known  before  the  opening  of  the  session,  to  render  it  possible  to 
bring  an  instructed  and  mature  judgment  to  bear  upon  their  consider- 
84.  An  Hueffer,  Nov.  1,  1830,  VI,  1012. 


1 

' 


141. 


ation.  The  privilege  of  securing  aid  from  the  administration,  ac- 
cess to  the  public  records,  the  appointment  of  members  to  follow 
the  course  of  the  administration  with  the  object  of  reporting  the 

state  of  affairs  to  the  diet,  should  be  freely  accorded. 

(85> 

The  general  character  of  an  estates  assembly,  as  an  effective 
working  body,  depends,  also,  on  its  homogeneity.  Great  differences 
in  nationality,  language,  culture,  and  other  things  make  an  assemb- 
ly a doubtful  problem, while  identity  or  similarity  of  language,  re- 
ligion, culture,  nationality,  customs,  and  constitutions  contribute 

to  the  success  of  an  assembly.  Writing  to  Niebuhr,  February  19, 

(86) 

1827,  about  the  first  Westphalian  diet,  he  complains  that  unity 

in  discussion  and  decision,  was  destroyed  through  the  differences 

in  the  various  land-divisions.  In  a letter  to  his  daughter  Louise, 

(87) 

December  22,  1828,  he  says,  speaking  of  the  second  Westphalian  diet, 
"more  unity  has  existed  between  the  various  estates,  there  was  but 
little  friction,  the  fusion  of  the  foreign  elements  into  uniformity 
will  gradually  complete  itself.”  The  Schlusz  des  Berichts  of  the 
third  Westphalian  diet  in  1831,  indicates  the  working  assimilation 
of  the  diverse  elements  by  depicting  the  members  as  exerting  them- 
selves toward  the  one  end  of  securing  the  welfare  of  the  Prussian 
Fatherland. 

But  unity  may  be  disturbed  by  party  factions  and  spirit. 

This  much  dreaded  source  of  disturbance  seems  to  have  made  its  ap- 

(88) 

pearance  in  the  first  Westphalian  diet  in  connection  with  a ques- 
tion of  finance.  The  lead.er  of  the  opposition,  a certain  Dr.  Som- 

85.  Bemerk.,  Nov.  6.  1822,  V,  751;  An  den  Herzog  von  Nassau,  Aug.  17 
1816,  V,  81,  82.  86.  Pertz-Stein,  IV.  362. 

87.  Ibid.,  VI , 644. 

88.  An  Schuckmann,  Jan.  24  1828,  VI,  488,  489. 


. 


142. 


mers,  with  his  group  of  peasants,  is  more  than  once  referred  to  as 

(89) 

rendering  the  estates  mutually  hostile.  However  much  this  troubled 

Stein,  he  considered  it  of  much  less  importance  than  discord  be- 

(90) 

tween  the  estates.  To  Gagern,  he  called  it  a destructive  spirit, 

springing  from  the  pride  of  the  nobles  and  the  envy  of  the  citizens. 

It  is  strife  under  the  banner  of  vanity.  It  nullifies  the  general 

interest,  frustrates  the  ends  of  the  assembly,  and  the  means  of 

finding  remedies  for  chronic  ills,  as  well  as  the  development  of 

representative  institutions.  He  further  elucidates  the  difficulty 

(91) 

on  February  13,  1820,  by  asserting  that  party  divisions  are  less 
disadvantageous  than  the  pride  of  the  nobles,  the  envy  of  the  citi- 
zens, and  the  coarseness  of  the  peasants  with  its  bitterness,  in- 
jured self-love,  and  violation  of  the  constitution.  In  all  this 
attitude  toward  party  spirit  in  the  assembly  Stein  was  apparently 
in  the  wrong.  Where  freedom  of  action  exists  the  tendency  is  to 
develop  groups  through  the  interplay  of  whose  action  the  assembly 
does  business  and  developes.  But  where  the  government  keeps  a strong 
hand  on  the  assembly,  the  groups  are  numerous  and  less  well  defined. 
These  two  tendencies  are  inevitable.  Personal,  or  even  class,  mo- 
tives do  not  play  such  a strong  part  in  the  formation  and  mainte- 
nance of  these  groups,  as  Stein  would  have  us  believe.  The  groups 
are  actuated  in  their  activities  by  more  impersonal  reasons  which 
spring  from  conditions  of  living,  working,  and  the  public  burdens 
imposed  upon  them.  All  European  governments  have  to  meet  the  prob- 
lem of  the  "bloc"  system  in  parliament. 

89.  An  Mereveldt,  Feb.,  1828,  VI,  479. 

90.  Dec.  31,  1827,  VI,  504. 

91.  VI,  510. 


. 


■ 


143. 


The  estates,  finally,  ought  to  be  kept  in  touch  with  the  pub- 

02) 

lie  by  the  publicity  of  its  proceedings,  especially  those  pertain- 
ing to  the  accounts.  The  full  proceedings  of  the  diet  ought  to 
be  published,  the  reports  as  a whole,  and  the  special  reports  on 
the  various  governmental  activities,  after  the  deliberations  on  them 
for  the  proposals  and  petitions.  To  these  might  be  added  some  sta- 
tistics. Stein  expected  favorable  results  from  this  taking  of  the 
ptiblic  into  the  confidence  of  its  representatives.  It  would  be  a 
mutual  benefit.  A general  interest  would  be  aroused  in  the  estates, 
which  would,  in  turn,  extend  more  widely  the  public  spirit  and  in- 
terest in  governmental  affairs.  An  enlivened  general  interest  in 
these  things,  which  affect  society  as  a whole,  might  furnish  more 
solid  thought  for  consideration  at  elections  and  debates.  If  the 
provincial  inhabitants  were  interested  in  the  course  of  local  af- 
fairs, the  information  secured  from  the  publicity  of  legislative 
proceedings  would  instruct  them  in  administrative  conditions,  there- 
by preparing  them  for  service  in  the  estates.  This  would  react 
upon  the  estates  by  increasing  the  number  of  members  inspired  with 
public  spirit  and  versed  in  local  affairs. 


92.  An  Schrotter,  July  17,  1808,  II,  681;  An  Schuckmann,  Jan.  20, 
1830,  VI,  840;  An  Rochow,  Feb.  20,  1827,  VI,  370;  An  Cotta,  Feb., 
1830,  VI,  911. 


' 


144. 


CHAPTER  V- -CONCLUSIONS 


TIME,  TERRITORIAL  AND  PERSONAL  LIMITATIONS. 

These,  then,  were  the  political  ideas  of  Stein  in  respect  to 
the  organization  of  Prussia  and  Germany.  Considering  the  circum- 
stances under  which  he  had  to  work,  the  sum  total  of  his  accomplish- 
ments was  large.  Only  a small  portion  of  the  short  time  of  his  mi- 
nistry could  be  given  to  administrative  reforms.  Much  time  was, 
necessarily,  devoted  to  the  problems  of  the  French  occupation  and 
contributions,  as  well  as  to  the  extremely  difficult  matter  of  pro- 
curing the  means  for  running  the  government.  The  policy  of  Napoleon 
to  make  Prussia  the  observation  ground  against  Russia  and  Austria, 
and  the  general  aspects  of  European  politics  made  a final  settle- 
ment a matter  of  great  uncertainty.  Then,  when  the  national  move- 
ment in  the  Spanish  peninsula  afforded  a chance  for  relief,  the 
influence  of  the  reforms,  the  hostility  or  the  nobles,  the  distrust 
of  the  King,  and  that  unlucky  letter  of  Stein’s  deprived  Prussia  of 

t 

a statesman  competent  to  deal  with  the  situation,  and  Stein  of  the 

time  for  the  completion  of  his  reforms#  For,  on  his  retirement, 

November  24,  1808,  there  were  many  projects  in  various  stages  still 

(1) 

requiring  much  further  attention;  such  as  those  of  the  superior 
presidency,  the  chambers,  the  rights  and  duties  of  the  bureaucracy, 
the  rural  communes,  the  circles,  the  patrimonial  jurisdiction,  and 
the  provincial  and  central  estates. 

1.  Lehmann’s  "Stein’,  II,  605. 


. 


. 


ar.J  j XI  a.' 

. 


. 


. 


145 


Besides,  Stein’s  reforming  activities  were  hampered  by  the  lack 
of  territorial  area.  The  monarchy  had  been  reduced  to  its  far  north- 
east province  and  a little  more.  The  seat  of  government  had  moved 
to  kernel,  then  to  Koenigsberg.  This  territorial  limitation  operated 
to  create  financial  embarrassment,  as  the  area  was  too  small  for 
the  increased  expenditures,  resulting  from  the  French  occupation. 

Its  problems,  also,  took  time  that  might  have  been  spent  more  profit- 
ably on  those  of  more  fundamental  import.  It  had  an  effect  upon 
practical  measures,  such  as,  the  advisability  of  discharging  civil 

officials  whose  further  services  were  no  longer  needed  since  an  un- 

(2) 

foreseen  disaster  had  reduced  largely  the  work  of  administration. 
Then,  administrative  measures  must  be  arranged  either  for  local  ap- 
plication, with  the  possibility  of  meeting  the  needs  of  territories 
reacquired  from  the  French,  or  for  application  to  the  monarchy  as  a 
whole,  whatsoever  that  might  be.  In  the  latter  case,  the  measure 
went  into  force  in  so  far  as  its  provisions  were  adapted  to  local 
conditions,  being  extended  with  the  increase  of  territory.  In 
either  case  the  territorial  problem  would  work  embarrassment.  For 
the  local  differences  of  the  various  provinces,  in  any  case  amount- 
ing to  an  appreciable  quantity,  could  not  be  adequately  discounted 
in  advance,  nor  the  exact  extent  of  the  re-established  Prussia  as- 
certained. 

Furthermore,  much  of  the  work  on  the  reform  measures  was  per- 
formed by  others.  The  edict  of  October  9,  1807,  was  nearly  ready 
for  Stein’s  signature  on  his  second  entrance  into  office.  The 

ground  plan  of  the  City  Ordinance  of  1808,  was  submitted  by  Frey,  a 
2.  Cabinet  Order,  Nov.  13,  1808,  II,  286,  287. 


• . • . JJ 


- 

H * 

. 

. 

. 

. 

. 

. 


146 


councillor  of  Koenigsberg.  it  is  true  that  btein  examined  it  and 
offered  suggestions,  and  what  he  approved  is  to  be  considered,  in 
a sense,  his,  as  no  great  measure,  probably,  has  sprung  wholly  from 
one  man's  effort,  yet  this  constructive  work  of  others  was  a limi- 
tation just  as  much  as  the  lack  of  territorial  area  and  of  time. 
Nevertheless,  he  succeeded  in  erecting  a monumental  structure,  a 
permanent  contribution  to  applied  administration.  It  was  not  iso- 
lated but  had  various  connections  and  relations  to  the  past  and  in- 
fluences upon  the  future.  It  may  be  considered  in  respect  to  the 
administrative  development  of  Prussia,  to  itein’s  own  principles  of 
administrative  organization,  to  the  character  of  German  political 
development,  to  subsequent  Prussian  administrative  development,  and 
to  the  principles  of  government  in  general. 

RELATION  TO  THE  PAST. 

A collegiately  organized  council,  consisting  of  the  heads  of 
various  administrative  departments,  had  been  on  trial  for  many  years 
with  a variety  of  fortunes,  incident  to  an  expanding  and  growing 
state.  It  had  proved  itself  unequal  to  the  exigencies  of  Prussian 
development.  The  increase  of  territory  brought  in  new  peoples,  sit- 
uations, and  institutions,  induced  a differentiation  and  multipli- 
city of  functions,  and  the  creation  of  new  institutions  outside  the 
council  and  but  loosely  connected  with  it.  The  whole  administra- 
tion became  a mass  of  ill  related  institutions  slightly  united 
through  the  King.  The  confusion  and  inefficiency  of  such  a situa- 
tion set  in  motion  a movement  to  reorganize  the  administrative  ma- 
chinery, which  the  next  expansion  threw  into  a similar  condition. 
Throughout  the  whole  of  this  development  the  absolutism  of  the  King 
and  the  prevalence  of  the  bureaucracy  grew  more  prominent  to  secure 


. 

. 

. 


, 


. J 


. ' r 

- 

. 


147 


| 

. 

efficiency.  A strong,  active,  energetic,  able  King  wanted  effective 
instruments  to  carry  out  his  will.  The  bureaucracy  offered  this 
means.  The  collegiately  organized  council  had  constantly  to  combat 
this  trend. 

Since  the  time  of  Frederick  William  I,  the  council  had  been 
relegated  to  an  insignificant  position  by  the  General  Directory,  the 
ministry  of  justice,  and  the  cabinet-ministry,  although  collegiate 
organization  and  ministerial  responsibility  could  not  be  wholly  elim- 
inated. Under  a strong  ruler  the  King  was  the  center  of  authority 
and  control,  exercised  through  the  cabinet  secretaries.  The  minis- 
terial functions  were  rendered  merely  secretarial.  Under  a weak 
King,  the  cabinet  secretaries  took  over  the  direction  of  affairs  in 
so  far  as  royal  favorites  permitted.  The  ministers  must  shoulder 
the  responsibility,  without  a voice  in  questions  of  policy.  The 
crisis  of  1806,  unprecedented  pressure  of  foreign  affairs  gave  oc- 
casion for  the  ministerial  opposition  which  ultimately  v/orked  a 
change  in  the  administrative  system. 

From  the  wreckage  of  the  old  Stein  sought  to  build  the  new. 

This  reorganization  was  nothing  unusual.  The  growing  Prussian  state 
was  accustomed  to  meet  disorganization  incident  to  expansion  by  a 
rearrangement  of  the  administrative  institutions.  A Great  Elector  , 
a Danklemann,  a Frederick  William  had  already  undertaken  the  task, 
by  the  side  of  whom  Stein,  in  a sense,  ranged  himself,  doing  what 
earlier  organizers  had  tried  to  do  under  conditions  peculiar  to 
their  day,  to  revive  and  to  re-establish  the  almost  discarded  coun- 
cil of  state  which  had  been  the  center  of  all  previous  reforms  up 
to  Frederick  William  I’s  triumph  of  absolutism  and  bureaucracy  over 
collegiate  administration.  Stein  sought  to  retain  the  cabinet  and 


. . • 


. " 

. 


- 


. 

- 


. 

. 


. ' 


■ I 


148 


the  other  two  institutions  of  the  old  government  to  strengthen  the 
council  as  the  center  of  the  administrative  system.  The  cabinet  had 
been  a marked  defect  in  practice  because  it  consisted  of  inferior, 
irresponsible  members,  though  offering  the  solution  of  a center  of 

government  under  the  monarch.  Stein  proposed  to  utilize  this  sug- 

/ 

gestion  by  making  its  membership  the  responsible  ministry  in  close 
union  with  the  council  of  state  and  in  subordination  to  it. 

Instead  of  incorporating  the  general  directory  and  ministry 
of  justice  into  the  council,  Stein  made  use  of  their  excellent  or- 
ganization for  individualizing  the  five  departments  of  the  council, 
with  such  improvements  as  experience  and  observation  might  suggest 
to  a practical  man  of  affairs.  It  was  not  a violent  break  with  the 
past,  but  a natural  development  preserving  a characteristic  insti- 
tution, with  such  modifications  as  would  adapt  it  to  present  needs. 
Responsibility  and  efficiency  were  to  be  secured  with  less  auto- 
cracy and  bureaucracy  through  the  council  of  state,  the  individual 
departments,  and  the  cabinet.  This  was  not  worked  out  in  detail, 
but  enough  was  done  to  indicate  the  general  character  of  the  plan. 
RELATION  TO  UNITY  AND  INDIVIDUALITY. 

Upon  this  foundation  of  the  past,  Stein  reared  a structure, 
according  to  his  principles  of  administrative  organization,  unity 
of  power  and  responsibility,  departmental  individuality,  expert  ad- 
ministration, and  popular  participation  in  government.  Of  these 
he  seems  to  consider  the  first  and  last  the  most  important.  The 
report  of  November  23,  1807,  the  ordinance  of  November  24,  1808, 
and  other  documents  of  his  ministry  make  provisions  embodying  three 
at  least  of  these  ideas,  while  the  fourth  is  to  be  found  worked  out 
only  in  the  City  Ordinance  of  1808,  though  fully  discussed  in  later 


. 


. 


X 

. . 

•'  11  K Y • ' ;^7  •.  L 


f . 


149 


letters  and  documents.  Unity  is  embodied  in  the  organization  of  the 
council  of  state  and  the  cabinet  as  the  center  of  the  administrative 
system.  Then,  the  whole  organization  was  connected  from  the  coun- 
cil to  the  local  director  of  the  circle  through  the  superior  pres- 
idency and  the  war  and  domain  chambers.  Collegiate  action  charac- 
terized not  only  the  council  but  every  department  and  subgroup  of 
officials  central  and  local.  Discussion  and  majority  decision  xi as 
the  rule.  Besides,  unity  v/as  often  embodied  in  an  individual  such 
as  a minister  president,  superior  president, or  circle  director. 

In  this  were  two  defects:  the  tendency  for  the  cabinet  to 

displace  the  council  of  state,  as  the  administrative  center  since 
it  was  more  precisely  defined,  smaller,  contained  the  most  impor- 
tant members  and  would  meet  best  the  demand  for  a small  compact 
body  of  able  administrators;  the  application  of  collegiate  action 
to  administration  which  usually  requires  quicker  decision  than  ren- 
dered by  a group,  however  small  and  able.  Discussion  and  deliber- 
ation are  associated  with  policy  formation,  as,  decision  and  rapid- 
ity of  action  with  execution.  Yet,  the  power  of  the  King,  the  ap- 
pointment of  an  emergency  administrator , the  individuality  of  the 
departments,  and  the  fact  that  legislation  was  a function  of  the 
council  rendered  collegiate  action  appropriate  for  much  of  its  work; 
made  the  expression  and  criticism  of  opinion  and  the  arrival  at 
decisions  through  compromise  beneficial  for  the  state. 

Departmental  individuality  w as  maintained  in  various  ways . 

Power  of  appointment  and  dismissal  was  accorded  the  department  head 
and  his  immediate  assistants,  limited  by  the  action  of  the  King  in 
appointing  or  confirming  appointments  and  by  the  recommendations  in 
some  cases  of  an  examining  board.  Very  little  is  said  about  dis- 


• ' 


1 • I 


150. 


missals.  Some  independent  action  is  accorded  in  financial  matters, 
in  the  arrangement  of  the  budget  of  expenses,  in  a limited  amount 
of  expenditure  beyond  that  of  the  budget.  Each  department  has  the 
right  to  exercise  its  judgment  in  respect  to  rules  and  regulations 
for  executing  the  laws.  Any  friction  or  obstruction  between  two  or 
more  departments  was  to  be  settled  by  the  departments  themselves 
through  conferences.  Only  in  the  last  resort  was  the  council  of 
state  to  intervene.  There  was  to  be  an  adaptation  of  organization 
and  personnel  of  each  department  to  its  functions  and  relation  to 
the  King.  The  interior  was  numerously  supplied  with  subordinate  of- 
ficials ranking  almost  as  heads  of  departments  because  of  the  great 
variety  of  important  matters.  Foreign  affairs  ?jas  in  closer  touch 
with  the  King,  who  represented  the  unity  of  the  state  abroad  and 
took  a more  personal  part  in  international  affairs.  The  tenure  of 
the  judiciary  was  adapted  to  the  necessary  protection  against  ad- 
verse influence  upon  decisions. 

EXPERT  ADMINISTRATION  AND  POPULAR  PARTICIPATION. 

The  requirements  of  the  third  principle,  to  employ  experts  to 
work  with  the  regular  government  officials,  were  met  by  providing 
for  the  creation  of  expert  commissions  to  aid  such  branches  as  had 
the  most  need  of  them.  Seven  such  commissions  were  attached  to  the 
subdepartments  of  the  Interior,  others  viere  assigned  to  the  war  and 
domain  chambers.  Their  function  was  to  act  with  the  regular  admin- 
istrators in  passing  upon  technical  matters  in  the  course  of  busi- 
ness or  needing  some  extended  deliberation.  Each  commission  was 
organized  under  a president.  The  various  commissions  were  to  meet 
in  a joint  session  for  the  consideration  of  matters  of  common  in- 
terest or  requiring  more  than  one  line  of  experts.  The  expert  com- 


. 


151. 


mission  is  provided  for  only  in  the  interior  department,  though 
Stein  seems  to  have  had  a very  thorough  recognition  of  the  value  of 
expert  knowledge  in  administrative  work,  from  experience  in  West- 
phalia and  Berlin.  This  may  be  due  to  his  intimate  knowledge  of 
the  needs  of  that  branch  of  administration  more  than  of  any  other, 
and  to  the  variety  and  multiplicity  of  economic  and  social  activities 
embraced  within  its  jurisdiction  which  made  a greater  demand  for 
expert  administration  than  else¥/here . 

Lastly,  Stein  provided  to  a limited  extent  only  for  the  par- 
ticipation of  the  people  in  the  government.  The  term  political 
people  was  inclusive  of  only  a very  small  portion  of  the  population, 
primarily  propertied  people,  preferably  those  possessed  of  real 
estate,  men  with  a stake  in  the  country,  who,  having  shown  their  a- 
bility  to  conduct  successfully  business  ventures  on  a fairly  extend- 
ed scale,  might  reasonably  be  expected  to  evince  an  equal  skill  in 
managing  public  affairs.  They  would  be  likely  to  be  as  careful  of 
the  people’s  affairs  as  of  their  own,  and  would  have  the  requisite 
leisure  to  devote  to  the  public  business.  The  organ  through  which 
they  were  to  act  was  the  estates.  The  mod.ern  idea  of  representation 
was  too  closely  connected  with  democracy  and  French  principles  and 
practices.  The  estates  provincial,  and  ultimately,  national,  were 
to  be  the  organ  to  make  men  of  means  and  leisure  useful  to  the  gov- 
ernment in  legislation  and  administration. 

The  activities  of  the  estates  were  to  be  under  the  control  of 
the  government.  The  government  commissioner  determined  the  order 
of  business,  maintained  discipline,  proposed  the  subjects  for  dis- 
cussion, picked  the  membership  of  the  committees,  and  determined  the 
number.  Laws  and  financial  affairs  were  the  main  business  of  the 


' 


152 


sessions.  Although  an  assent  was  necessary  for  the  validity  of  an 
act,  the  final  word  lay  with  the  King.  If  he  refused  his  approval, 
the  matter  must  not  be  reintroduced  during  the  current  session. 
Administrative  work  was  to  be  undertaken  by  members  of  the  estates 
in  the  war  and  domain  chambers,  where  they  were  to  have  equal  rank 
with  the  regular  officials,  a definite  tenure,  but  no  pay,  under 
the  same  supervision  as  when  acting  with  the  estates.  There  was 
little  idea  of  democracy,  none  of  popular  sovereignty.  The  impulse 
and  ultimate  responsibility  was  still  from  above.  The  government 
was  just  as  absolute,  as  if  there  were  no  popular  representatives. 
It  might  act  more  intelligently  and  in  conformity  with  public  opin- 
ion but  the  final  word  lay  with  it.  This  principle  found  only  par- 
tial application.  The  city  ordinance  and  the  ordinance  creating 
the  estates  of  Y-estphalia  owe  much  to  his  planning;  but  the  plans 
of  1807-1808,  do  not  contain  provisions  for  popular  representation 
due  to  the  shortness  of  his  ministry.  In  the  city  ordinance  only 
one  estates  is  involved;  in  the  Westphalian  estates,  his  principal 

work  was  the  order  of  business. 

(3) 

Cavaignac  criticises  the  idea  of  popular  participation  in  the 
government,  as  having  little  effect  upon  the  character  of  the  Prus- 
sian state,  leaving  it  an  absolutism,  or  creating  an  oligarchy. 
There  was  needed  a complete  social  reform.  .Stein  payed  too  much 
attention  to  mere  administrative  re-adjustments,  when  the  basis  of 
society  was  left  feudal.  The  admission  of  the  people  to  a share  in 
the  government  would  bring  face  to  face  the  King  and  the  aristoc- 
racy of  blood  and  wealth  in  contest  for  the  dominance.  Cavaignac 

3.  La  Formation  de  la  Prusse  Contemp.,  I,  336  ff.  and  411  ff . 


. 


■ 


. 3 


- 

. 

' 


< - 

' 

, 

1 i 


153. 


is  right  in  saying  that  popular  participation  would  have  little  ef- 
fect upon  the  character  of  the  Prussian  state,  and,  also,  that  this 
would  work  ultimately  a change  in  it;  but  he  is  unjust  in  censuring 
Stein  for  not  instituting  a complete  social  reform,  for  the  point 
of  view  of  the  two  men  is  different.  The  one  would  have  a social 
reform  of  equality,  equal  access  to  the  offices  of  government;  the 
other,  inequality,  but  freedom  of  development  for  the  individual, 
with  the  duty  of  devoting  part  of  their  time  to  government  service 
under  administrative  supervision  for  those  who  had  succeeded  in 
managing  their  own  affairs,  conditions  being  so  changed  that  all 
might  have  a chance  to  attain  success.  Gavaignac  seems  to  think 
that  Stein  did  not  appreciate  the  French  Revolution,  because  its  re- 
sults were  hidden  for  the  time  by  Napoleon's  absolutism.  This  may 
be  true.  But,  the  innate  character  of  French  and  German  peoples  vras 
so  different,  that  an  appreciation  would  not  be  likely.  Their  at- 
titude toward  the  past  was  most  opposite.  The  French  would  abolish 
past  institutions  for  an  entirely  n e\i  structure,  although  never  com- 
pletely successful.  The  Germans  would  preserve  the  past,  as  the 
very  best  foundation  to  build  upon.  The  continuity  of  the  state  in 
its  institutional  development  was  the  conscious  aim  of  the  one, 
just  the  opposite,  the  purpose  of  the  other,  although  there  was  not 
such  an  abrupt  break  as  might  seem  probable. 

GERMAN  POLITICAL  CHARACTER. 

Stein's  plan  was  characteristically  German.  Monarchical  sov- 
ereignty was  a fundamental  principle  of  the  Teutonic  state.  His- 
(4) 

torically,  such  a state  had  developed  through  a ruling  family.  The 
4.  Bornhak  C--  Grundrisz  der  Deut.  Staats  K.  2nd— p.  1,  ff. 

_ _____ 


. 


. 

- 

. 

. 

, 


. ' 


■ /.  ■ 

? § $ ‘n  - . • ■ ra 


154^  | 

ruler  exercised  all  powers  of  government  in  his  own  right,  as  sov-  \ 
ereign.  All  power  in  the  state  emanated  from  him.  Popular  sover- 
eignty was  wholly  foreign  to  this  idea  of  the  state.  To  aid  the 
sovereign  in  administration  a bureaucratic  civil  service  was  creat- 
ed. Admission  to  governmental  service  and  the  official  relation  to 
the  government  were  defined  betvjeen  the  bureaucrat  and  the  sover- 
eign, as  a life-service  or  career,  efficient  and  effective  govern- 
ment was  secured  through  monarchical  sovereignty  and  bureaucratic 
administration.  In  the  person  of  the  sovereign  was  embodied  the 
continuity  of  the  state,  reconciled  with  the  shortness  of  human  life 
by  definite  arrangements  for  the  succession  and  the  regency  in  case 
of  administrative  incapacity.  Stein  would  modify  this  German  devel- 
opment by  organizing  the  administrative  service  collegiately  to 
eliminate  the  arbitrary  element  inherent  in  bureaucracy. 

When  the  people  began  to  make  their  power  felt,  the  German 
states  admitted  them  to  some  of  the  functions  of  government.  Grad- 
ually the  movement  spread  from  the  South  German  states.  But  none  of 
the  constitutions  contained  the  idea  of  popular  sovereignty  which 
was  as  foreign  to  the  constitutional  monarchy  as  to  the  absolute. 
There  occurred  no  change  of  sovereignty  from  the  monarch  to  the  peo- 
ple. The  people  were  admitted  to  a well  defined  sphere  without  en- 
croaching upon  the  sphere  of  the  monarchical  and  bureaucratic  ele- 
ments. Usually,  the  people  had  to  do  with  legislation  and  finance, 
and  the  validity  of  the  law  and  financial  measure  was  dependent 
upon  their  assent,  but  they  could  not  bring  pressure  upon  the  gov- 
ernment through  financial  embarrassment,  to  secure  a change  of  sov- 
ereignty. The  government  might  not  advance,  but  it  could  always 
hold  what  it  had  obtained.  Particular  pains  were  taken  to  exclude 


. . a ~ 

' 

' 

. . . . . 

- 

«? 

. 

. , m 

• ; 


155 


the  radical  element  by  relying  upon  the  substantial  men  of  property 
and  business,  with  a stake  in  the  country,  to  co-operate  with  the 
government.  But  always  the  monarch  guided  the  operation  of  the 
government  as  a whole. 

Stein  was  wholly  in  sympathy  with  this  idea.  The  substantial 
elements  were  to  be  encouraged  to  devote  some  of  their  time  to  the 
public  welfare  through  regularly  organized  institutions  of  such  a 
character  that  there  would  be  no  chance  of  securing  the  transfer 
of  sovereignty  from  the  monarch  to  the  people.  But  he  did  not  work 
out  the  organization  of  a central  legislature.  Popular  participa- 
tion was  to  be  exercised  through  provincial  organs  and  those  of  the 
municipality.  This  does  not  mean  that  Stein  had  not  in  viev/  a 
central  legislature  since  he  makes  a lengthy  argument  to  prove  that 
local  cannot  perform  the  functions  of  central  estates.  In  the  sec- 
ond. place,  popular  representatives  were  to  enter  the  wor  and  domain 
chambers  to  perform  with  professionals  certain  functions.  By  work- 
ing under  government  supervision,  the  most  could  be  obtained  from 
the  amateurs  through  skilled  guidance,  while  the  tendency  to  routine, 
unsympathetic  and  ignorant  administration,  characteristic  of  the 
bureaucrat,  would  find  a corrective. 

Another  characteristic  of  the  German  system  w?s  the  tendency 
tovfard  confederate  organization  for  matters  of  common  interest. 
Localism  and  state  individualism  long  reigned  dominant.  From  the 
time  of  Frederic  II  the  German  sovereigns  increased  their  independ- 
ence legalized  by  the  Golden  Bull  of  1356. and  the  capitulations, 
beginning  with  the  election  of  Charles  Fifth  in  1519.  The  empire, 
the  confederation  of  the  Rhine,  and  that  of  1815,  successively  look- 
ed after  affairs  common  to  the  various  states.  In  this  respect 


' 


. 


' 


156 


(5) 

Stein  proposed  the  reorganization  of  Germany.  Well  organized  local 
states  were  to  act  as  a unit  in  foreign  and  domestic  affairs  of  com- 
mon interest  through  a rejuvinated  empire.  The  emperor,  the  diet, 
and  the  circle  were  to  be  adapted  to  modern  conditions,  in  a highly 
decentralized  state,  under  the  overshadowing  protection  of  Prussia 
and  Austria. 

Of  the  same  tenor  were  the  forty-one  proposals  of  Stein  and 
Hardenburg  which  were  worked  over  for  presentation  to  the  Congress 
of  Vienna,  1815,  as  the  basis  of  a German  Union.  Reduced  to  tv/elve 
articles,  they  became  the  constitution  of  Germany.  Stein  had  noth- 
ing new  to  offer  in  the  way  of  organization.  It  was  looked  upon  as 
the  best  that  could  be  secured  from  a reactionary  assembly;  and,  at 
first,  as  containing  great  possibilities  of  adaptation  and  develop- 
ment, but  without  change  of  principle.  One  clause  enjoined  upon 
the  individual  states  the  obligation  of  providing  constitutions, 
although  this  provision  was  emasculated  during  the  process  of  work- 
ing over  the  proposals.  Thus,  both  in  his  several  plans  for  re- 
organizing the  empire  and  in  these  forty-one  proposals,  the  point 
of  view  and  the  method  of  organization  ¥<rere  German.  His  emperor, 
diet,  circles,  judiciary  and  their  interrelations  were  at  one  with 
the  Teutonic  method  of  central  political  organization.  It  could 
hardly  be  otherwise  under  the  circumstances  unless  one  planned  for 
the  exclusion  of  one  of  the  two  great  states,  or  resorted  to  ''blood 
and  iron”.  Once  only  was  a peaceful  solution  tried  of  the  problem 
of  uniting  all  the  German  states  into  a consolidated  empire.  This 
was  in  1848,  when  the  convention  at  Frankfurt  drew  a constitution 
for  united  Germany.  The  likelihood  of  its  succeeding  depended  on 
5.  Lehmann's  "Stein",  III,  511  ff. 


. 


i 


. 


- 


. 


157. 


getting  into  operation  before  Austria’s  military  power  revived  suf- 
ficiently to  dominate  Germany.  But  Austria  was  too  quick  for  the 
liberals.  The  plan  proved  very  much  a failure. 

SUBSEQUENT  PRUSSIAN  DEVELOPMENT. 

In  respect,  moreover,  to  the  subsequent  development  of  Prussia 
the  principles  of  administration  characteristically  Stein's  found 
application  with  some  modifications  in  later  institutions.  His 
plan  of  November  24.  1808,  was  published  in  a modified  form  the  fol- 
lowing December,  although  the  Dohna-Altenstein  ministry  did  nothing 

to  complete  the  working  out  of  the  various  measures  necessary  to 

(6) 

make  the  plan  fully  effective  such  as  those  pertaining  to  the  super- 
ior presidency,  the  chambers,  the  rights  and  duties  of  the  bureau- 
cracy, the  rural  communes,  circles  police,  provincial  and  central 

estates,  patrimonial  jurisdiction,  etc.  On  the  27th  of  October, 

(7) 

1810,  Hardenberg  published  his  administrative  reforms,  in  part  fa- 
vored by  Stein.  Among  the  changes  made  was  tbe  establishment  of 
the  chancellorship,  the  dominating  office  of  the  administration, 
held  by  Hardenberg  himself  till  his  death  in  1822,  when  it  gave  way 
to  the  minister-president.  Provision  had  also  been  made  in  1810, 
for  the  re-establishment  of  the  council  of  state;  but  this  did  not 
materialize  till  1817.  Similar  to  that  of  Stein,  it  consisted  of 
the  princes,  the  higher  state  officials  and  certain  persons  sum- 
moned by  the  King.  From  1818  to  1848,  it  played  an  important  part 
as  a deliberative  organ  for  legislation  and  administration,  until 
the  legislative  function  was  in  part  assumed  by  the  newly  created 
representative  legislature.  A third  institution  was  the  bureau- 

6.  Lehmann's  "Stein",  II,  605. 

7.  Lehmann's  "Stein",  III,  82-95. 


. 


- 

. 


. 


- 


- 


- 


158 


cratic  ministry  established  in  1810,  in  place  of  the  collegiate 
privy  council.  Stein’s  five  ministers  h ve  at  present  become  nine. 
Each  ministry  is  organized  much  in  the  same  Tsay  as  that  set  forth 
in  the  ordinance  of  November  24,  1808.  It  constitutes  the  organ 
through  which  the  King  discharges  some  of  his  functions;  and  has 
criminal  and  civil  responsibility.  Each  ministry  consists  of  sub- 
divisions under  directors,  much  in  the  same  way  as  Stein  approved. 

The  collegiate  character  of  the  ministerial  organization  is 
retained  in  the  state-ministry,  consisting  of  the  various  ministers. 
The  minister-president  has  been  the  usual  presiding  officer  since 
1822.  when  meeting  under  the  presidency  of  the  King,  it  is  called 
the  "crown  council'* . Its  jurisdiction  is  limited.  Only  in  certain 
cases  does  it  bind  the  individual  members.  In  such  matters  as  the 
establishment  of  a regency,  the  issue  of  emergency  ordinances,  and 
the  presentation  of  petitions  to  the  King  on  the  dissolution  of  the 
diets  of  the  province  or  the  circle  the  action  of  the  state-minis- 
try is  paramount.  It,  also,  deliberates  on  matters  of  common  inter- 
est; and  is  the  body  to  effect  a settlement  oi  departmental  differ- 
ences. In  respect  to  these  functions,  it  corresponds  to  Stein’s 
council  of  state;  but  realizes  in  part  only  the  place  intended  for 
that  institution,  making  about  as  little  showing  in  the  present 
administrative  system  as  it  did  when  Stein  attempted  to  reform  it. 

It  is  rather  Stein's  cabinet  under  another  name  that  has  survived. 
Another  institution  that  survives,  though  having  little  real  im- 
portance in  public  law,  is  the  privy  cabinet.  It  serves  as  a way 
of  communication  between  the  crov/n  and  the  ministry,  without  the 
power  or  authority  to  make  a decision.  There  are  three  subdivisions, 
the  civil  which  has  jurisdiction  in  matters  of  grace,  the  military 


. 


* 

- 

. 

' 

- 

. ... 


. 


. ; 


159 


and  naval,  having  the  power  of  command  and  countersignature. 

Along  with  the  institutions  of  the  central  government,  those 
of  the  local  contain  many  features  that  Stein  had  incorporated  into 
his  system.  This,  probably,  is  true  in  a great  degree  because  Stein 
adapted  into  his  scheme  with  modifications  some  already  existing 
organs.  The  office  of  superior  president  still  exists  as  the  head 
of  the  province.  It  is  still  the  connecting  link  between  the  local 
and  the  central  administration,  representing  the  central  government 
in  the  locality  and  exercising  a general  supervision  over  the  pro- 
vincial administration.  Among  other  things  the  superior  president's 
jurisdiction  extends  to  rendering  decisions  on  petitions,  the  dis- 
tribution of  certain  concessions,  the  exercise  of  definite  rights 
over  the  Catholic  church,  presiding  over  the  provincial  council, 
and  acting  as  curator  of  the  local  university.  The  war  and  domain 
chambers  still  have  jurisdiction  each  over  a definite  subdivision  of 
the  province  under  an  administrative  president.  There  are  two  divi- 
sions in  each,  one  for  church  and  school  affairs,  the  other  for  di- 
rect taxes,  domains,  and  forests.  At  the  head  of  each  division  is 
a superior  administrative  councillor.  In  one  respect  there  is  a 
marked  difference  from  Stein's  conception.  The  popular  element 
has  been  incorporated  into  the  district  committee  instead  of  form- 
ing a part  of  the  war  and  domain  chamber.  Finally,  the  director 
of  the  circle  occupies  much  the  same  place  as  in  Stein's  adminis- 
trative scheme.  He  still  represents  the  substantial  element  and 
is  chosen  by  the  King  from  candidates  nominated  by  the  diet  of  the 
circle.  But  his  position  is  relatively  changed  by  the  abolition  of 
the  patrimonial  jurisdiction  and  the  creation  of  local  institutions 
for  the  extension  of  the  jurisdiction  of  the  central  government. 


. 


. 


160 


The  principle  of  popular  participation  in  government  has 
found  large  application  in  Prussia,  since  Stein's  day.  F^ven  during 
his  lifetime, the  privincial  diets  were  provided  for  by  ordinance  in 
1823.  Then,  came  the  united  diets  of  1847  and  1848,  which  were 
based  on  those  of  the  provinces.  The  constitution  of  1850,  finally, 
made  permanent  the  representative  parliament  as  the  organ  of  delib- 
eration and  decision  on  matters  of  legislation  and  revenue.  Its 
jurisdiction  encroaches  upon  that  of  the  council  of  state,  thereby 
rendering  it  obsolete  in  many  of  its  functions.  In  administration, 
also,  this  principle  has  been  extensively  employed.  In  the  province, 
five  of  the  members  of  the  council  are  chosen  for  a term  of  six 
years  by  the  provincial  committee  from  the  substantial  elements  of 
the  province,  to  act  with  a government  member  under  the  superior 
president  in  supervision  of  provincial,  and  execution  of  central 
administrative, affairs , The  same  committee  furnishes,  also,  in 
the  same  way  four  members  of  the  district  committee  to  act  with  two 
government  members  in  connection  with  the  district  administration. 
Finally,  in  urban  affairs  amateur  administrators  are  drafted  into 
service  in  activities  of  charity,  sanitation,  and  many  other  matters, 
Thus,  Stein's  principles  of  administration  find  embodyment 
in  the  present  Prussian  administrative  organization.  It  is  true 
that  the  system  that  he  sketched,  as  a desirable  reorganization  of 
the  Prussian  system,  was  never  applied  in  its  entirety.  Yet,  the 
ideas  of  centralizing  power,  eatablishing  popular  participation, 
and  employing  expert  administrators  are  a fundamental  part  of  the 
present  organization.  The  council  of  state  has  failed  to  become 
the  center  of  the  administration,  partly  because  the  state-ministry 
better  fitted  in  with  the  bureaucratic  tendencies,  partly  because 


<- 


. 

. 


161 


the  parliament  assumed  so  much  of  the  deliberative  function,  a con- 
tingency which  does  not  seem  to  have  been  foreseen  by  Stein.  The 
idea  of  collegiate  action,  the  center  of  Stein's  conception  of  re- 
sponsible and  effective  administration, has  had  to  yield  to  bureau- 
cratic organization,  the  most  criticised  part  of  the  Prussian  or- 
ganization on  the  part  of  Stein. 

PRINCIPLES  OF  GOVERNMENT  IN  GENERAL. 

Finally,  a comparison  of  Stein's  principles  with  those  of 
government  in  general  reveals  much  in  harmony.  The  old  conception 
of  the  separation  of  powers,  characteristic  of  the  eighteenth  cen- 
tury political  science  and  embodied  as  a rule  of  la?/  in  the  American 
national  and  state  constitutions , was  diametrically  opposed  to  Stein' £ 
principle  of  concentration.  But  in  more  recent  times  this  extreme 
view  has  been  modified  in  the  direction  of  Stein's  conception. 

Y/hile  not  absolutely  abandoned,  yet,  unity  of  administration  has 
been  recognized  as  essential  for  effective  government  and  other 
checks  have  been  invented  to  maintain  the  principles  of  individual 
liberty.  In  respect  to  the  division  of  administrative  work  into 
departments,  the  principle  of  subject  matter  is  everywhere  preva- 
lent. Its  superiority  has  been  recognized  in  most  modern  govern- 
ments. Just  so  with  commissions  of  experts,  they  are  now  considered 
an  essential  part  of  modern  government . The  complexity  and  special- 
ization, the  ever  extending  field  of  governmental  activity  make  men 
of  special  training  absolutely  necessary  for  efficient  service. 
Stein's  argument  that  the  work  of  the  regular  administrator  and  that 
of  the  specialist  viere  incompatable  has  stood  the  test  of  exper- 
ience. While  special  training  is  becoming  more  essential  in  the 
case  of  those  in  the  regular  employ  of  the  government,  this  train- 


I 


- 


. , 


. 

- 

. . 
* 

. 


162 


ing  is  not  intended  to  cover  anything  except  routine  work.  Every- 
thing beyond  this  is  entrusted  to  special  officials  whose  acquain- 
tance with  the  matter  in  hand  has  been  acquired  by  special  appli- 
cation in  that  one  direction. 

Modern  theory  of  government  lays  great  stress,  also,  on  res- 
ponsibility. Absolute  power  is  considered  too  dangerous  to  be  lodg- 
ed in  the  hands  of  any  one  man.  It  is,  of  course,  conceded  that 
there  are  many  times,  amid  the  exigencies  of  actual  administration, 
when  decision  and  execution  are  exclusively  in  the  hands  of  one 
individual.  But  he  must  at  sometime  make  an  accounting  of  his  use 
of  power.  His  acts  must  sooner  or  later  pass  under  the  scrutiny 
of  the  sovereign  power  to  be  validated  or  repudiated.  The  highly 
centralized  organization  facilitates  holding  officials  to  a sense 
of  the  fiduciary  character  of  their  duties.  Another  way  advocated 
by  Stein  to  attain  the  same  ends  was  that  of  publicity.  Public 
opinion  was  to  be  brought  to  bear  upon  the  operations  of  the  govern- 
ment in  order  to  check  any  injurious  or  illegal  development.  Such  a 
course  might  be  pursued,  even  in  countries  having  no  conception 
whatsoever  of  popular  sovereignty.  The  officials  of  such  a country 
can  be  made  to  acknowledge  a sort  of  responsiveness  to  the  intelle- 
gent  public  which  will  serve  to  create  a healthful  tone  to  the 
public  service.  This  seems  to  have  been  Stein's  idea.  For,  he  has 
in  view  no  popular  institution  through  which  to  enforce  a public 
opinion  upon  public  servants. 

In  respect  to  the  civil  service  Stein  had  most  modern  ideas, 
if  we  take  into  consideration  the  fact  that  the  Prussian  practice 
failed  to  make  a difference  between  policy  and  administration  as 
far  as  the  organs  of  government  were  concerned.  In  direct  contrast 


' 1 . I 


. 

. 


163. 


to  the  American  practice,  the  Prussian  puts  the  emphasis  on  adminis- 
tration as  contrasted  with  policy  formation.  All  the  officials 
must  be  trained  as  administrators,  from  among  whom  came  such  as 
exhibited  political  and  statesmanlike  qualities.  In  this  connec- 
tion Stein  had  worked  out  a system  of  examinations,  pay,  and  pen- 
sions. Appointments  were  for  good  behavior,  dismissals  for  cause. 
The  best  present  governments  recognize  the  comparatively  permanent 
nature  of  the  administrative  tenures  as  a means  of  inducing  effi- 
cient men  to  make  a life  career  of  the  service.  They  expect  to 
use  the  same  means  to  accomplish  this  as  Stein  planned  for  the  re- 
organization of  the  Prussian  administration. 

STEIN  AS  A STATESMAN. 

Though  in  these  and  many  other  ways  Stein  anticipated  the 
theory  and  practice  of  modern  governments,  yet  he  is  not  to  be  con- 
sidered a political  theorist,  nor  a recognized  writer  on  the  theory 
of  government.  His  place  is  among  the  politicians,  administrators, 
and  statesmen  and  men  of  affairs.  He  was  an  opporttmist , the  op- 
posite of  a political  philosopher  and  theorist.  From  his  long 
years  of  experience  in  administration  he  accumulated  a practical 
knowledge  of  government,  tempered  and  modified  by  reading  and  study 
in  his  leisure  hours.  From  all  these  sources  of  information  he 
did  not  attempt  to  construct  an  elaborate,  fully  articulated,  logic- 
ally interrelated,  theoretical  system  of  politics;  but  was  content 
to  make  liberal  use  of  all  the  constructive  material  at  hand  for 
the  practical  ends  in  view  at  any  given  time.  His  object  was  to 
accomplish  most  effectively  the  purpose  of  the  moment  in  such  a way 
as  to  give  as  permanent  a structure  as  was  compatible  with  meeting 
present  needs.  The  test  of  his  constructive  work  was  to  be  not 


. 


. ; ; 


. 

. 


164 


its  conformity  to  the  theoretical  principles  of  political  science, 
but  its  adaptability  to  the  demands  of  practical  affairs  from  time 
to  time • 

Stein  was,  of  course,  intensely  German.  He  believed  that  the 
lines  and  experience  of  German  political  growth  offered  the  main 
source  of  materials  for  constructive  work.  Nevertheless,  he  did 
not  disdain  to  avail  himself  of  the  improvements  offered  by  the 
political  experiments  of  France  and  England,  when  they  offered  ma- 
terial suitable  to  his  structure.  On  the  other  hand  there  was  much 
that  was  mediaeval  in  his  attitude  toward  administrative  organiza- 
tion and  point  of  view  on  political  questions  of  construction.  His 
conception  of  the  representative  system  did  not  go  beyond  that  of 
the  estates,  although  he  acknowledged  the  need  of  some  modifications 
adapting  them  to  modern  conditions.  Such  a thing  as  representa- 
tion based  on  numbers  was  abhorrent  to  his  way  of  thinking.  For, 
he  put  great  stress  on  the  political  importance  of  class  in  the 
state  as  a constituent  element  in  any  political  organization  for 
Prussia,  or  any  other  German  state.  In  this  he  was  local  rather 
than  general  in  his  conceptions,  yet  he  built  upon  enough  general 
lines  to  be  considered,  if  not  a political  philosopher,  at  any  rate, 
a great  statesman,  as  well  as  an  efficient  administrator  and  man 
of  affairs. 


_ 

- 


H 


. 


■ 

. ' 


APPENDIX  II --VITA. 


The  author  was  born  at  Carthage,  Missouri,  and  secured  his 
preparatory  education  in  the  public  schools  and  Collegiate  Insti- 
tute of  that  city.  In  1896  he  was  graduated  from  Drury  College, 
Springfield,  Missouri,  with  the  degree  of  B.  A.  After  teaching  La- 
tin two  years  in  the  Carthage  High  School,  and  serving  one  year  as 
Principal  of  Denmark  (Iowa)  Academy,  he  took  a year's  graduate  work 
in  the  classics  at  Grinnell  (Iowa)  College,  the  school  year  of  1899- 
1900.  He  then  taught  Latin  and  History  two  years  as  Principal  of 
the  Hamburg  (Iowa)  High  School  and  six  years  as  Instructor  in  the 
Carthage  Collegiate  Institute. 

In  1908  he  entered  the  Graduate  Department  of  the  University 
of  Illinois,  spending  three  years  in  History  and  Political  Science. 
In  1909  he  secured  the  degree  of  M.  A.  from  the  University.  From 
1911  to  1918  he  taught  History  and  Political  Science  at  Illinois 
College,  Jacksonville,  Illinois,  first  as  an  Instructor,  later  as 
Assistant-Professor.  During  the  year  1918-1919  he  taught  at  the 
Wentworth  Military  Academy  and  1919-1920  as  Instructor  of  History 
and  Political  Science  at  the  Central  College  for  Women,  Lexington, 
Missouri.  He  is  at  present  Professor  of  History  and  Economics  at 
Carroll  College,  Waukesha,  Wisconsin. 

His  Master's  Thesis  was  on  "Hertzberg's  Foreign  Policy". 

While  a student  at  Illinois  State  University  he,  also,  wrote,  but 
never  published,  a paper  on  "Commission  Government  in  the  United 
States".  He  is  a member  of  the  American  Historical  Association. 


